Features of the working hours of remote workers: a note to the accountant of the medical institution

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

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.

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

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.


2019 ◽  
pp. 60-66
Author(s):  
R. A. Lugovskoy ◽  
E. V. Mikhaylov

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.


Author(s):  
В. Лебедев ◽  
V. Lebedev ◽  
Е. Лебедева ◽  
E. Lebedeva

In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.


2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova

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.


2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.


2021 ◽  
Vol 16 (3) ◽  
pp. 62-75
Author(s):  
I. V. Gavrish

Labor legislation of Russia provides for both a five-day and six-day working weeks with the same 40 working hours limit per week for two labor regimes that makes it meaningless to work six days a week. The paper summarizes the history of days off in Russia and basic international legislation regulating the days off. The author examines two structural groups of arguments, justifying the necessity of enshrining a provision on a mandatory five-day working week with two consecutive days off in labor legislation. The paper substantiates the discrepancy between the provision of labor legislation containing the rule on one day off and part 5 of Article 37 of the Constitution of the Russian Federation on days off (in plural). The author argues in detail the statement in support of the introduction of a five-day working week for teachers. The author questions the economic feasibility of maintaining the six-day labor regime. It is emphasized that, if a mandatory five-day working week is consolidated in law, the employer’s rights will not be infringed regardless of the form of ownership, because the employer is endowed with legal rules allowing him or her to engage workers to work with their voluntary consent in other schemes of the labor regime (to work overtime, in shifts, etc.). Organizations and enterprises under the current and proposed labour regime may attract workers to work 24 hours a day, 7 days a week.


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

The current legal means of labor legislation operating in the conditions of a pandemic and related, on the one hand, to the employer’s right to transfer an employee to a remote format of remote labor relations, and on the other, the employer’s obligation to suspend an employee who has not been vaccinated, are considered. The analysis of the main changes made to the Labor Code of the Russian Federation regarding the features of remote work and entered into force on January 01, 2021 is carried out. The norms concerning such key points for the remote format as the procedure for electronic interaction between an employee and an employer on employment issues, maintaining a work record, changing and terminating labor relations are considered.


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.


Author(s):  
Vladimir Burlakov

When the concepts «bribery» and «corruption» are used interchangeably it blurs, voluntarily or involuntarily, the borders between these related phenomena. Corruption is a consequence of bribery, but it also has its own distinctive features. The legal definition of corruption, found in the federal law of the Russian Federation, does not include essential qualities of this phenomenon. As a consequence, the Criminal Code norms prescribing liability for bribery still remain the normative basis of liability for corruption. Thus, these two phenomena are counteracted by the same measures of criminological and criminal law prevention, and, as a consequence, such measures lose their relevance and effectiveness, at least against one of the described offences. It is necessary to determine the essential feature of corruption in order to align its public danger with liability measures aimed at fighting it. This essential feature is the self-interested abuse of authority by an official with the purpose of aiding and abetting other persons in committing crimes. On the basis of such an understanding, the author concludes that it is necessary to criminalize corruption. It is suggested that the Criminal Code of the Russian Federation should be supplemented by an Article «Complicity in Corruption». Complicity in corruption is a complex crime that encompasses the situations when officials take bribes for using their authority to assist another person of persons in committing a crime. The proposed Article should determine liability for two types of complicity in corruption that differ in their degree of public danger: aiding and abetting corruption, when an official receives bribes and uses his authority to provide assistance to another person or people in committing a crime, and corrupt collusion, when an official receives bribes and uses his authority to provide assistance to an organized group or a criminal community in committing crimes on a permanent basis. The author analyzes the advantages of this Article in comparison with the Articles used today for qualifying corruption and shows the difference between the crime of complicity in corruption and similar crimes, specifically, those included in Part 3 of Art. 210 («Participation in a Criminal Community»).


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

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 entered into force on January 01, 2021, for the first time regulated the conditions under which the employer can use the model of temporary remote work in exceptional cases. The analysis of novels devoted to temporary remote work is carried out, the conditions established by the legislator that allow temporary remote work in exceptional cases are considered; the procedures for ensuring the rights of the parties to the employment contract and guarantees of the labor rights of employees.


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