scholarly journals ОN THE ISSUES OF LEGAL REGULATION OF REMOTE EMPLOYMENT UNDER CSVIL AND LABOR REGULATION

Author(s):  
O.V. Demchenko
2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha

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.


2020 ◽  
Vol 15 (1) ◽  
pp. 116-123
Author(s):  
L. I. Filyushchenko

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.


Author(s):  
Kubanychbek S. RAMANKULOV

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.


2021 ◽  
Vol 106 ◽  
pp. 02008
Author(s):  
Irina Timonina

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.


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