Digitalization of the interaction of the parties to the employment contract in remote work

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.

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):  
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.


Lex Russica ◽  
2021 ◽  
pp. 32-43
Author(s):  
N. V. Chernykh

The paper analyzes the novels of Ch. 49.1 of the Labor Code of the Russian Federation introduced on January 1, 2021. It highlights advantages and disadvantages of new approaches of the legislator to the regulation of remote work, describes preliminary results regarding the application of new rules. The merits of the new edition of Ch. 49.1 of the Labor Code of the Russian Federation include the emergence of the opportunity to combine work “in the office” with a remote work in accordance with the employment contract, the cancellation of Article 312.5 of the Labor Code of the Russian Federation that contains the right to establish additional grounds for terminating an employment contract with a remote worker, and the simplification of the procedure for signing an employment contract and other documents required for registration of employment of a remote worker. As shortcomings, the author enumerates the absence in the new edition of Ch. 49.1 of the Labor Code of the Russian Federation of norms concerning the peculiarities of implementation by teleworkers of the right to join trade unions to protect their rights, the peculiarities of investigating an industrial accident or occupational disease of a teleworker, the absence of norms on the “right to be offline” beyond working hours for a teleworker, imperfection of the legal technique associated with the introduction into the legal field of two new grounds for terminating an employment contract with a remote worker. The author predicts possible violations of the newly introduced provision on the wages preservation in full when the employee performs his labor function remotely, which is linked to the incentive payments in the wage structure, awarding which is considered as a right, rather than an obligation of the employer. Among the disadvantages the paper names the lack of conflict-of-laws rules in the case of remote work carried out by both foreign workers and citizens of the Russian Federation outside its borders. In general, the author gives positive assessment of amendments introduced in Ch. 49.1 of the Labor Code of the Russian Federation, as expanding the possibilities of the parties to the employment contract for a more active application of the rules on distance work. The shortcomings noted in the paper should be regarded as material for theoretical comprehension and discussion with the aim of further improvement of the legal regulation of remote workers’ labor.


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.


2020 ◽  
Vol 4 (3) ◽  
pp. 25-45
Author(s):  
Elena V. Gritsenko ◽  
Pavel А. Kuryndin

The subject of the article is legal regulation at the transition stage from e-government to digital government in Russia and France. The purpose of the article is confirmation or confutation of the hypothesis that in the practice of digital interaction between administrative bodies and individuals, there are problems that must be clearly identified and can be solved using the French experience of legal regulation of the digitalization of public administration. The methodology of the study includes comparative analysis, description as well as particular academic legal methods (interpretation of legal acts, judicial acts and state programs of digitalization in Russia and France, formal legal method). The main results and scope of their application. Russia and France are similar because of not only belonging to the continental legal system, but also existing in the transition stage from e-government to digital. Public administration and law in both countries have to cope with the challenges of digitalization. In this regard, the experience of implementing reforms in France, which is known for its administrative and legal traditions and successes, is of particular interest to the Russian Federation. The legal support of public administration digitalization is clearly lagging behind the rapid development of digital technologies; moreover, new information solutions are significantly ahead of their legal implementation. A comparative analysis between the strategic plans of public administration, relating to digitalization of control and supervision activities in the Russian federation, and the e-government's present and future legislative framework, indicates a lack of coherence between the plans and their legislative counterparts. The initial implementation of public administration digitalization strategic plan through legislation on services is generally supported in the “Digital Public Administration” federal project through the legislation of services. At the same time, the draft of the new Federal law on state control (supervision) and municipal control in Russia offers its own information infrastructure for control and supervisory activities. Conclusions. In order to overcome the fragmentation in the regulation of electronic interaction between private entities and public administration, the French experience of regulating the General principles of administrative procedures and guarantees of good public administration in a single act is very useful. Such an approach would also ensure compliance with the basic principles of proportionality and the prohibition of excessive formalism in the meaningful differentiation of errors and violations committed in the course of electronic communication. In addition according to French experience, it is necessary to maintain alternative ways of communication with administrative authorities including electronic ones, and consider any legislative exceptions. Also, it is necessary to define additional guarantees to citizens during interactions with technical support services; defining standards for the legal qualification of technical failures, pre-trial and judicial appeal mechanisms against automatically made decisions.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 18 (9) ◽  
pp. 1787-1798
Author(s):  
S.N. Ayusheeva

Subject. This article assesses the effectiveness of the existing system of environmental management based on the user-pays principle in terms of reducing the negative impact on the environment. Objectives. The article aims to conduct a comparative analysis of the anthropogenic impact on natural environment components and deficiency payments for pollution in the model areas of the Russian Federation. Methods. For the study, I used the methods of computational, comparative, systems, and structural analyses. Results. Based on the ecological rating of the Russian Federation subjects, the article defines model areas, assesses the degree of anthropogenic impact on the basis of pollution relative rates, and describes the particularities of environmental investment in the selected areas. Conclusions. The system of payments for pollution does not affect the economic behavior of economic entities.


2020 ◽  
Vol 22 (1) ◽  
pp. 34-38
Author(s):  
Ибрагимова Г.Я. ◽  
◽  
Хабибуллина Д.Ш. ◽  
Гайсаров А.Х. ◽  

2020 ◽  
Vol 86 (2) ◽  
pp. 69-78
Author(s):  
S. N. Gusarova ◽  
Yu. M. Erokhina ◽  
D. I. Kramok ◽  
E. I. Khunuzidi

Since September 1, 2019, GOST ISO/IEC 17025–2019 has been enacted as a national standard in the Russian Federation. The novel standard imposes a number of fundamentally new requirements for testing laboratories (hereinafter referred to as the IL or laboratory), and also supplements and specifies the requirements previously regulated by GOST ISO/IEC 17025–2009. In this regard, in order to transfer laboratories to the new requirements, the FSA issued an order in August 2019 listing the mandatory activities that IL must fulfill to bring their activities in line with the new requirements. However, a transition period desired for matching these requirements is absent on a practical level for a number of the laboratories. The purpose of the article is to facilitate a gentle, efficient and pain-free move from the requirements of GOST ISO/IEC 17025–2009 to the new requirements of GOST ISO/IEC 17025–2019, including compliance with new changes in accreditation criteria. We carried out a comparative analysis of the requirements of the new and previous versions of the standard and marked each new and significant item to which the laboratory should pay attention first of all. The new standard focuses on the application of the process approach, risk and opportunity management, as well as on implementation of the policy of impartiality, independence, minimization of competitive interests and confidentiality. The article describes the planning, implementation and monitoring of each event or phase of the transition of testing laboratories to new requirements. Moreover, the recommendations on the structure of the «Quality Manual» and self-assessment on the compliance of IL activities and QMS with the new requirements, including the use of statistical methods for substantiation of the correctness of the assessment are given as an example of the implementation of IL capabilities.


Sign in / Sign up

Export Citation Format

Share Document