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.

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.

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 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.

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.

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.

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

scholarly journals Protection of Workers’ Rights to Timely and Full Payroll

2019 ◽  
pp. 111-118
Author(s):  
N. A. Knyazeva
Keyword(s):  
Equality Of Opportunity ◽  
Equal Pay ◽  
Legal Doctrine ◽  
Employment Contract ◽  
Labor Contract ◽  
Self Defense ◽  
Labor Legislation ◽  
Wage Payment ◽  
The Right ◽  
Court Practice

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

scholarly journals Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation

2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko
Keyword(s):  
Comparative Analysis ◽  
International Labor Organization ◽  
Human Right ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Nature ◽  
Provision Of Services ◽  
Legal Consequences

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.

scholarly journals The problem of violations and abuses of the right of the employer when reducing the staff in the organization: through the prism of judicial practice

nauka.me ◽  
2021 ◽  
pp. 37
Author(s):  
Elena Fed'ko
Keyword(s):  
Law Enforcement ◽  
Research Work ◽  
Employment Contract ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Right

The research work is devoted to the issues of termination of an employment contract in connection with offenses and abuse of rights on the part of employers. The purpose of this work is to identify violations and abusing of rights for the part of employers in a law enforcement practice, as well as to amend the labor legislation in order to minimize illegal actions of employers to protect the rights of employees.

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.

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