scholarly journals Peculiarities of Employment Relations in Ukraine for the Period of Established Quarantine (Covid-19)

2020 ◽  
Vol 24 (1) ◽  
pp. 151-156
Author(s):  
T. Pisоchenkо ◽  
◽  
S. Agafonova ◽  
Keyword(s):  
Labor Relations ◽  
Working Hours ◽  
Remote Work ◽  
The People ◽  
Labor Legislation ◽  
Unpaid Leave ◽  
The Face ◽  
Part Time ◽  
The Right ◽  
Restrictive Measures

Annotation. Introduction. The author investigates in his article the main drawbacks of the Ukrainian legislative base that may cause difficulties for employers and employees during the COVID-19 pandemic. While reading this article you will find several solutions on how to limit salary expenses of you company or firm, lead in remote or part-time working schedule on the enterprise and grant employees unpaid leave. The article also deals with the procedure of the paper work that should be done while processing sick leaves of the people who suffered from the COVID-19 disease or contacted with the COVID-19 patients. Purpоse. The purpose of this article is to identify the shortcomings of labor legislation during quarantine and restrictive measures related to the spread of coronavirus disease (COVID-19). Consider and analyze new approaches in building labor relations between employees and employers in the face of rising unemployment and the introduction of telework. Results. The pandemic covered 210 countries and territories. Studies have shown that tens of millions of people have lost their jobs. According to various social survey centers, every third company surveyed optimized the payroll, sent employees to remote work with a reduction in wages, reduced staff and transferred some workers to contracts. Today it is possible to exercise the right to receive partial unemployment benefits for insured workers who have lost part of their wages due to forced downtime or reduction of working hours due to quarantine. Cоnclusiоns. Today, much responsibility lies with the subjects of labor relations, much depends on the employees and employers, on their responsibility and charity. State aid to those categories that were more vulnerable during the crisis remains important. Financial assistance can take the form of grants and grace periods on outstanding loans – in order to support and overcome the profitability crisis. Keywоrds: labor relations; pandemic; wages; COVID-19.

Remote work as home work during parental leave: problems of interpretation

2020 ◽  
pp. 454-460
Author(s):  
Yu. A. Kuchina
Keyword(s):  
Social Insurance ◽  
Parental Leave ◽  
Insurance Fund ◽  
Remote Work ◽  
Labor Legislation ◽  
Social Insurance Fund ◽  
Home Work ◽  
Time Work ◽  
Part Time ◽  
The Right

The article draws attention to the ambiguity of the interpretation of the term “home work” in relation to homeworkers and remote workers: The Social Insurance Fund of the Russian Federation and the courts mainly do not consider it possible to regard remote work as work at home, which does not require the establishment of part-time work for the employee in order to maintain the right to receive state social insurance benefits during parental leave. The author proposes options for improving labor legislation on the subject under study

Features of the vacation of a remote employee: a note to the accountant of a medical institution

2021 ◽  
pp. 64-73
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Medical Institution ◽  
Remote Work ◽  
Employment Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Right

A comparative analysis of the latest changes in labor legislation concerning the implementation of the right to leave by remote workers is carried out. The article considers the legal differentiation of the norms on vacation of remote workers who perform remote work in accordance with the employment contract on a permanent basis, and remote workers who perform remote work temporarily. The complex issues of the application of labor legislation to remote relations and the applied models of vacation regulation are considered; restrictions that cannot worsen the situation of a remote worker, deprive him of constitutional guarantees, or restrict his right to rest.

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.

scholarly journals TRANSFORMATION OF LABOR RELATIONS BASED ON GIG-ECONOMY IN CONDITIONS OF DIGITALIZATION OF ECONOMIC SYSTEMS

2021 ◽  
Vol 9 (1) ◽  
pp. 96-106
Author(s):  
YUliya Polozhyentsyeva ◽  
A. Stepanova
Keyword(s):  
Service Sector ◽  
Business Processes ◽  
Labor Relations ◽  
Remote Work ◽  
Gig Economy ◽  
Spare Time ◽  
Entrepreneurial Organization ◽  
Flexible Schedule ◽  
The Face ◽  
Expert Assessments

The decline in the growth rate of the country's economy leads to an increase in the interest of various sectors of society in the search for effective ways of organizing work in the face of increasing universal digitalization. In the post-pandemic world, the able-bodied population needs new ways of earning money, the opportunity to work in their spare time, the presence of a flexible schedule, as employers are increasingly striving to optimize the costs of business processes, including personnel. Therefore, domestic employers are waiting for the development and growth of the institution of freelance, which requires an active restructuring of labor relations. The application of the gig economy as a new socio-economic model of entrepreneurial organization has influenced the emergence of modern forms of labor organization, such as outsourcing, subcontracting, freelance, remote work, outstaffing, which represent the possibility of partial employment. Such forms of labor relations are mainly in demand in the service sector and IT organizations. The aim of the study is to study the directions of transformation of forms of organization of labor activity in domestic and foreign business in conditions of transition to gig-economy. The study analyzed the development prospects of gig-economy as one of the directions of digital transformation of the economy. Also, on the basis of a synthesis of expert assessments and surveys of the population, features and prospects for the development of freelance in Russia were formed. Based on the study, the following main results were obtained: the main trends in the development of the gig economy were identified; analyzed the theoretical and practical aspects of the development of gig-economy as one of the developing areas of the digital economy; statistical assessment of the studied direction is given; the problems of organization of freelance in conditions of gig-economy are covered.

scholarly journals Strategi Filosofis Masyarakat Jepang Dalam Mengatasi Dilema Budaya Kerja Di Masa Pandemi Covid-19

KIRYOKU ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 159-164
Author(s):  
Iriyanto Widisuseno
Keyword(s):  
Japanese Society ◽  
Economic Recession ◽  
Developed Countries ◽  
Work Culture ◽  
Remote Work ◽  
Japanese People ◽  
Social Phenomena ◽  
The People ◽  
The Face ◽  
Normative Rule

For the Japanese people, the remote work policy which aims to break the chain of the spread of the Corona-19 Virus is a cultural dilemma, because it clashes with the work culture of the people who have a strong work ethic. But in fact, Japan's economic recession rate is not as bad as other developed countries, such as America, China, and Korea. The death rate from Covid-19 is very low. Currently, Japan has started to return to the normal national economy. The mystery behind it all in Japan is the factor of superior immunity or cultural superiority. The assumption is, if because of the cultural superiority factor, what are the basic values that underlie the formation of behavior and culture of Japanese society. This philosophical qualitative study aims to examine philosophical strategies: what are the basic values that underlie the way Japanese people think and behave in the face of the Covid-19 pandemic, how to properly solve problems (epistemology), and what normative rules are used to give direction to achieve goals (axiology). Through philosophical descriptive methods, this research can reveal the philosophical values (ontological, epistemological, axiological) behind social phenomena in Japanese society. The results of the study show that Japanese people hold firmly to the value of discipline as an ontological footing, the samurai is used as a way to solve problems, the value of harmony as a normative rule that gives direction to the achievement of goals. The benefits of this research provide enlightenment for the community about understanding the basic problems in society that are often neglected, while many people only focus on the surface of the problem that causes failure to understand.

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.

ACCOUNTING AND REPORTING OF SOCIAL HOLIDAYS: NEW RULES FOR BUSINESS

2018 ◽  
Author(s):  
Kostiantyn Bezverkhyi ◽  
◽  
Oleksandr Yurchenko ◽  
Keyword(s):  
Social Insurance ◽  
Maternity Leave ◽  
Paid Leave ◽  
Pregnancy And Childbirth ◽  
Relevant Today ◽  
Labor Legislation ◽  
Unpaid Leave ◽  
Theoretical Generalization ◽  
The Law ◽  
The Right

Introduction. Modern Ukrainian legislation regulates the provision of various types of leave, which are not only a time of rest, but may have a special purpose for the employee. The Law of Ukraine «On Holidays» of 15.11.1996 № 504-96 (hereinafter - the Law № 504) indicates the annual basic paid leave, unpaid leave, social, educational and creative leave. At present, considerable attention is not paid to accounting for accrual, taxation and payment of social leave, in particular: maternity leave, childcare leave for children under 3 years of age, as well as social leave for employees with children under 15 years of age. One of the main tasks set before the accountant for payroll calculations - timely and accurate calculation of vacation pay, and the need - to make their recalculation in a timely manner, because it is the accountant's responsibility for the correctness of the calculations. Given this fact, the employer will not have to pay compensation to employees for incorrectly accrued and paid vacation pay. Instead, the employee has the right to know from which indicators he was calculated and paid leave, and in case of disagreement will be able to appeal their amount. The accountant is required to pay special attention when calculating social and other types of leave, because these payments, in addition to the employees of the enterprise, are interested in regulatory bodies for compliance with labor legislation (including the State Labor Service of Ukraine), tax authorities (in terms of income tax perosnals (hereinafter - PIT), military duty (hereinafter - MD) and a single contribution and compulsory state social insurance (hereinafter - CCS); recognition of vacation pay as part of income taxpayer expenses). Therefore, the issues of accounting for accrual, taxation and payment of social leave and related accruals are extremely relevant today. Purpose. The purpose of the study is to consider the accounting and reporting of social leave at the enterprise. Methods. The following methods were used during the study: theoretical generalization and grouping (to classify the types of social leave and set deadlines for their provision); formalization, analysis and synthesis (to substantiate the areas of disclosure of information on social leave in the accounts and in the reporting of enterprises); logical generalization of results (formulation of conclusions). Results. In the course of the research the author's approach to the reflection in the accounting and reporting of social leave to which employees of the enterprise are entitled was formed. Discussion. In further research, it is proposed to focus on the order of documentation and reflection in the accounts and in the reporting of such types of social leave as leave in connection with pregnancy and childbirth; childcare leave; additional social leave for children, etc. This will improve the methodology and organization of accounting for other payments at the enterprise.

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 Prawo do bycia offline jako podstawowe prawo pracownika

2021 ◽  
Vol 28 (4) ◽  
pp. 305-323
Author(s):  
Kinga Moras-Olaś
Keyword(s):  
Working Hours ◽  
Working Time ◽  
The Other ◽  
Private Sphere ◽  
Remote Work ◽  
Minimum Level ◽  
Absolute Minimum ◽  
Protective Function ◽  
The One ◽  
The Right

The right to disconnect as an employees’ fundamental right The ongoing COVID-19 pandemic and the associated possibilities for the employers to order employees to perform their work remotely has caused the widespread perception of the employee’s right to be offline outside its working hours (also referred to as a “right to disconnect”) as a fundamental right. This article contains a synthetic analysis of the institution of remote working as the main source of threat to employees’ rights as well as considerations with regard to proposed solutions aimed at protecting the employee against such threat. On the one hand, remote work has a protective function being instrumental in safeguarding the continuity of businesses and the employee’s workplace despite the pandemic, but on the other hand, it significantly interferes with the private sphere and may lead to violations of the regulations on working time. The European Parliament’s proposals on the right to be offline should be assessed positively, although they undoubtedly only guarantee an absolute minimum level of protection. The analysis was carried out following the formal dogmatic method also taking into account comparative tools.

scholarly journals Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

2021 ◽  
pp. 170-175
Author(s):  
D.O. Dmitrenko
Keyword(s):  
Trade Unions ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
International Labour Organisation ◽  
Overtime Work ◽  
Rest Periods ◽  
Labor Legislation ◽  
The Right

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).

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