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 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.

Remote work has changed the format: note to the accountant of the medical institution

2021 ◽  
pp. 55-62
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Institution ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Russian Federation

The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of 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 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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.

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.

Features of Prosecutor’s supervision over observing the citizens’ labor rights in the context of the spread of new coronavirus infection (COVID-19)

2021 ◽  
Vol 23 (2) ◽  
pp. 24-27
Author(s):  
NATALYA TROSHINA ◽  
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Discipline ◽  
Labor Legislation ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The author analyzes the problematic aspects of the prosecutor’s supervision over the observance of the labor rights of citizens involved in remote work and the temporary transfer of employees to remote work at the initiative of the employer in exceptional cases. During the spread of coronavirus infection (COVID-19), the legal regulation of teleworking is one of the most important aspects requiring special attention. In practice, remote work is connected with such difficulties as the discipline of workers. In the article, the author gives considerations regarding the workplace of a remote worker, highlights the rules for bringing an employee to disciplinary responsibility, and shows the means of regulating the labor discipline for teleworking employees. The author emphasizes that it is through the efforts of the employer that it is possible to increase the discipline of employees in remote work. The article describes the position of the Supreme Court of the Russian Federation regarding civil claims for reinstatement at work during the period of working remotely. Also, the author analyzes the state of legality in the field of labor relations. The article provides the author’s point of view concerning the application of labor legislation and the implementation of prosecutorial supervision in this field.

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.

scholarly journals Development of treasury management of public procurement: problems and prospects

2022 ◽  
Vol 5 (4) ◽  
pp. 120-134
Author(s):  
I. V. Glazunova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Procurement ◽  
Legal Regulation ◽  
Budget Process ◽  
Federal Law ◽  
Russian Government ◽  
Statistical Research ◽  
Treasury Management ◽  
The Russian Federation

The subject of this study is the legal norms contained in legislation, other legal acts, as well as materials of law enforcement practice regulating the process of treasury management of budgetary funds. This article also analyzes the experience of legal regulation of the mechanism of treasury management of budgetary funds during public procurement, examines the gaps in budget legislation directly related to the topic under consideration.The purpose of this article is to consider the problems and prospects of the development of the Institute of the Federal Treasury in the Russian Federation. The reason for this study was multiple scientific discussions, which caused an ambiguous reaction from the legal community of Russia. The gaps in the budget legislation directly related to the topic under consideration are considered.The methodology. General scientific methods were applied in the framework of comparative, logical and statistical research and analysis of law enforcement and judicial practice in the field of treasury management of budget funds.The main results. A number of issues related to the chosen topic were considered. First of all, it is necessary to understand how the legal regulation of treasury management of budgetary funds is carried out. The form of legal regulation of treasury management differed from other forms and instruments of control the norms on treasury management were established annually by the federal law on the federal budget and acts of the Russian Government, Russian Ministry of Finance and the Federal Treasury adopted in pursuance of this federal law. Secondly, it is worth noting how the procedure for treasury management of budgetary funds during public procurement is built. The mechanism of treasury management provides for operations on personal accounts opened in the Federal Treasury with funds received from the relevant budget in the form of subsidies and budget investments, as well as funds directed to the execution of government contracts, contracts, the sourceof financing of which is the budget of the budgetary system of the Russian Federation. Thirdly, it is necessary to understand what prospects the institute of treasury management of public procurement has. Trends in the development of the institute of treasury management show that quantitative parameters will grow, including due to the use of "extended" treasury management and due to the spread of technological solutions to the level of subjects of the Russian Federation and municipalities.Conclusions. Treasury management of budgetary funds during public procurement is a new institution of budget law, a comprehensive budgetary and legal instrument of public administration, which is used at the stage of budget execution for expenditures to exercise financial control over the public procurement, contracts with legal entities and sole proprietors who are not participants in the budget process. In addition, treasury management is a tool with sufficient elasticity and relative "versatility". At its core, it allows you to strengthen control over the targeted and effective use of budget funds, ensure transparency and openness of procurement procedures and execution of state contracts; reduce unscrupulous suppliers in the chain of co-executors while ensuring proper execution of the state contract; increase financial discipline of the parties to the contract. It is also worth noting that treasury management minimizes some of the risks inherent in the use process. This institution should be considered as a system element in a larger mechanism of budget monitoring.

scholarly journals Legality of Dismissal of Employees Working Irregular Hours for Appearance at Work in a State of Alcoholic, Narcotic or Other Kind of Intoxication

2020 ◽  
Vol 15 (12) ◽  
pp. 122-130
Author(s):  
I. S. Tsypkina
Keyword(s):  
Law Enforcement ◽  
Pregnant Women ◽  
Russian Federation ◽  
Working Hours ◽  
Legal Regulation ◽  
Legal Basis ◽  
Labor Disputes ◽  
Work Time ◽  
Employment Contract ◽  
The Russian Federation

The paper analyzes the issues related to irregular working hours, which arise due to the lack of proper legal regulation of this legal category. The author emphasizes that the inclusion of the irregular working hours provision into the employment contract is primarily determined by the employee’s labor functions, since it is the performance of this labor function that conditions particular working hours as the regular working hours may be not enough. In addition, the paper highlights the problem of the permissibility of establishing irregular working hours for pregnant women and persons for whom reduced working hours are established. The author concludes that the spread of the rule regarding the possibility of drawing a parallel between the restrictions provided for by Art. 99 and 101 of the Labor Code of the Russian Federation currently has no legal basis. In this regard, the author attempts to find ways to resolve this problem. The paper identifies controversial and ambiguously resolved in law enforcement issues that arise when resolving labor disputes related to the termination of an employment contract with an employee who is at work in a state of alcoholic, drug and other kind of intoxication, outside the established duration of working hours. For the purpose of uniform application of the current legislation, it should be assumed that for workers with irregular working hours, all the time they are at work is considered work time.

scholarly journals Freedoms of work as value of the right and consequence of its realization

2015 ◽  
Vol 2 (4) ◽  
pp. 191-196
Author(s):  
I Р Chikireva
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Direct Impact ◽  
Employment Contract ◽  
Service Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Right ◽  
Civil Contract

In article it is noted that freedom of work defined by the Constitution, had direct impact on development of variety of forms of application of work. The greatest volume of privileges and guarantees is provided for the citizens which activity is issued by the service contract and the employment contract, minimum - for the persons working on the contract of civil character. Problems of legal regulation of the atypical labor relations, work of loan and remote workers, psychological prosecution at («mobbing») work are considered. If the atypical labor relations are actually issued by the civil contract, possibility of recognition their labor on the basis of article 11 of the Labour code is minimum. The constitutional freedom of work affected that the labor relations became more flexible, having changed and quantitatively (by types), and is qualitative (on signs, subjects, object and the contents), but changes have to take place in the certain limits caused by socially directed purposes and tasks of the Constitution and the labor legislation.

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