scholarly journals ЩОДО ПРОБЛЕМИ ПРАВОВОГО РЕГУЛЮВАННЯ ВІДСТОРОНЕННЯ ПРАЦІВНИКА ВІД РОБОТИ

2019 ◽  
pp. 48-55
Author(s):  
М. Д. Ждан
Keyword(s):  
Labor Law ◽  
Intermediate Stage ◽  
Scientific Article ◽  
Legal Capacity ◽  
Employment Contract ◽  
Law System ◽  
Labor Discipline ◽  
Single Well ◽  
The Right

The purpose of the scientific article is to determine the purpose of dismissal of the employee and the reasons for such removal. It is proved that today neither current legislation, nor jurisprudence, nor science contain a single well-considered vision of the place of exclusion in the labor law system. It is noted that termination of work is always an intermediate stage, which will end either with the renewal of the employment contract and return to previous work, or with the change of the employment contract, or, even, its termination. It is substantiated that, upon dismissal from work, the main purpose is to protect the interests of the owner and employees, as well as to prevent possible violations of the rules of labor and labor discipline. Based on the analysis of the current legislation, it has been found that there are a lot of entities that have the right to initiate dismissal. By organizing data on the legal capacity of subjects to initiate dismissal, they are divided into three groups: a) entities that make the decision to dismiss and implement it; b) those requiring mandatory dismissal; c) those who raise the issue of dismissal. It is proposed to supplement the current legislation with a new reason for dismissal of an employee.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Periodisation of the employer's right of termination of the labor contract for violation of the labor discipline: historical and legal analysis

Social Law ◽  
2019 ◽  
pp. 146-149
Author(s):  
V. Soroka
Keyword(s):  
Legal Analysis ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Discipline ◽  
The Right

In the article peculiarities of the periodization of the right of the employer to terminate an employment contract for violations of labor discipline are analyzed. Specifics of scientific approaches to historical and legal analysis of this issue are determined.

scholarly journals ПОНЯТТЯ, ВИДИ ТА ЮРИДИЧНА ПРИРОДА ПРАВА НА ІНФОРМАЦІЮ СТОРІН ТРУДОВОГО ДОГОВОРУ

2019 ◽  
Vol 14 ◽  
pp. 125-133
Author(s):  
Г. І. Чанишева ◽  
Р. І. Чанишев
Keyword(s):  
Labor Law ◽  
Labor Rights ◽  
Employment Contract ◽  
Labor Contract ◽  
Legal Nature ◽  
Right To Information ◽  
The Right

У статті визначаються поняття й види права на інформацію сторін трудового догово­ру. Аналізусться юридична природа зазначеного права як суб'єктивного трудового права. Право на інформацію сторін трудового договору характеризується як основне трудове пра­во, індивідуальне трудове право, регулятивне трудове право, особисте немайнове трудове право.   The article defines the concept and the types of the right to information of the parties of the labor contract. Analyzes the legal nature of this right as a subjective labor law. The right to information of the parties of the employment contract is characterized as a basic labor rights, individual labor law, regulatory labor law, moral labor law.

Accounting of Obligations That Are Formed in Connection with the Employees’ Right for Paid Leave

Auditor ◽  
2019 ◽  
Vol 5 (10) ◽  
pp. 30-39
Author(s):  
Дмитрий Крылов ◽  
Dmitriy Krylov
Keyword(s):  
Labor Law ◽  
Employment Contract ◽  
Accounts Receivable ◽  
Paid Leave ◽  
The Right

Th e article examines the obligations that arise from the parties to the employment contract in connection with the established labour laws the right of employees for paid leave. In the article, it is off ered to refl ect the employee’s obligations, which arise from providing them paid leave for not worked months, as accounts receivable. Such a change in the method of refl ecting the obligations of the employees will allow Russian accounting to be complied with labor law and improve the quality of fi nancial statements.

scholarly journals On the issue of the scope of application of labor legislation in the Republic of Kazakhstan

2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Joint Stock Company ◽  
Employment Contract ◽  
Legal Method ◽  
Right To Work ◽  
Labor Legislation ◽  
Scope Of Application ◽  
The Republic ◽  
The Right

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

scholarly journals THE LEGAL SOURCE OF STUDY LEAVE

2015 ◽  
Vol 2 (71) ◽  
pp. 58
Author(s):  
Kitija Bite
Keyword(s):  
Labor Law ◽  
Professional Experience ◽  
Employment Contract ◽  
Paid Leave ◽  
The Right

In the article the author researches one of the legal institutes – the study leave. This edition of the labor law provides the right of the employee for study leave in two cases: another study leave and study leave for writing diploma paper. The employer is obliged to provide the study leave on a mandatory basis, only in the case of writing the diploma paper, the right to use another study leave should be included in the employment contract. In addition, in the employment contract should be included the issue of payment of the study leave. The legislator hasn’t yet set any restrictions in the order of provision of study leave (in opposition to the annual paid leave) that causes the misunderstanding in the practical use of this norm. The author suggests to make changes in the labor law and to set for the employer the duty to provide on a mandatory basis also another study leave, leaving the payment order under the supervision of both parties and solving this issue by their agreement. This would allow the employees to gain professional experience and use knowledge and experience in the further work.

scholarly journals General Theoretical Characteristics of the Institution of Disciplinary Liability in Labor Law

2020 ◽  
Vol 90 (3) ◽  
pp. 78-84
Author(s):  
А. Ю. Подорожній
Keyword(s):  
Working Conditions ◽  
Labor Law ◽  
Preventive Measure ◽  
Legal Liability ◽  
The State ◽  
Negative Consequences ◽  
Employment Contract ◽  
Labor Discipline ◽  
State Official ◽  
Enterprise Organization

It has been specified that disciplinary liability should be understood as the employee’s obligation to stand surety to the employer, who is endowed with the disciplinary authority, for his violation of labor discipline in the form of non-performance or improper performance of his labor duties due to the employee and as the result, bear negative consequences provided by labor law. It has been substantiated that the purpose of disciplinary liability has two aspects: the first is to ensure proper discipline in order to ensure the further effective functioning of the enterprise (organization, institution, etc.), and therefore its presence is an important preventive measure of disciplinary offenses’ commission. The second aspect is to apply negative measures to the offender, which, in turn, allows to restore the violated labor (including official) rights, to avoid the negative consequences of the offense and to educate the employee in the spirit of legality and discipline. The main tasks of disciplinary liability include: to ensure the compliance with labor discipline by each employee in performing their duties; to create comfortable working conditions for each employee (state official); to create a favorable, friendly atmosphere in the team; to punish the employee who committed a disciplinary offense; to prevent situations, when an employee may commit a disciplinary offense. It has been argued that the functions of disciplinary liability are: educational, punitive, protective, stimulating, renewing, informative, preventive and staffing. It has been generalized that the essence and content of disciplinary liability as an institution of labor law are as follows: first of all, despite the fact that disciplinary liability, is although a kind of legal liability, it has its own characteristics inherent in labor law; secondly, the employer is not obliged to apply penalties to the violator of labor discipline, such application is his right; thirdly, the employee, in turn, is responsible to the employer and not to the state for non-compliance with labor discipline, i.e. for culpable improper performance of obligations imposed by the employment contract.

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

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.

Sign in / Sign up

Export Citation Format

Share Document