COMPARATIVE ANALYSIS OF THE DEFINITIONS PARTIES OF AN EMPLOYMENT CONTRACT OF THE CURRENT CODE OF LABOR LAWS OF UKRAINE (IN 1971) AND THE DRAFT LABOR CODE OF UKRAINE (№ 1658)

2019 ◽  
Vol 4 ◽  
pp. 190-193
Author(s):  
N.V. Vasylchenko ◽  
◽  
V.S. Turskova ◽  
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

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.


Author(s):  
S. A. Saurin

The article analyzes the approach applied by the Russian law-makers to define the jurisdiction of law rules regulating a distance job with regard to a certain circle of participants. The author carries out a comparative analysis of the current Russian regulation of the distance job and international concepts in order to answer the question whether it is possible to recognize as distance workers those workers who use modern information and telecommunication networks only to interact with the employer rather than to perform their employment functions. Also, the paper explores the issue of possibility of emergence of the employment relation with regard to the distance job when a written employment contract has not been made.


2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.


2012 ◽  
Vol 166-169 ◽  
pp. 2841-2846
Author(s):  
Yan Song Gao ◽  
Yong Sha

This paper makes a study on the stress state and internal force algorithms of wall beams under the action of vertical load. It also makes a comparative analysis to several typical wall-beam designs at present. Then, by using the finite element, it verifies the accuracy and reliability of internal force algorithm formulas of wall beams in current Code for Design of Masonry Structure, hoping to provide a solid theoretical reference for the selection of wall beam algorithm designs.


Author(s):  
T.M. Abaydeldinov ◽  
S.T. Tynybekov ◽  
B.T. Zhumagulov ◽  
A.B. Zhumabayeva

Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva

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.


2016 ◽  
Vol 3 (3) ◽  
pp. 138-143
Author(s):  
L A Galaeva

He article investigates the issues related to the regulation of administrative - legal responsibility of subjects of labor relations for failure to conclude an employment contract. Readers are invited to the author’s understanding of forms of illegal employment. As a result of the legal analysis of the issue justified by the need to improve existing labor laws relating to the conduct unscheduled inspections


Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

From January 1, 2021, amendments to the Labor Code of the Russian Federation regulating remote (remote) work are in force. The new approaches of the legislator to the interaction of the employer and the remote (remote) employee in the conditions of digitalization are considered. The new rules have significantly clarified such key points for the remote format as the procedure for electronic interaction on employment, changes and termination of employment relations. The analysis of legally significant messages as facts of economic life, including the time of their delivery, the risks of participants in the relevant relations, is carried out. A comparative analysis of the use of digital approaches to the regulation of legally significant messages in civil, tax, and procedural legislation is carried out.


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