Liability in Labor Legislation

2021 ◽  
pp. 214-232
Author(s):  
Andriyana Andreeva ◽  
Galina Yolova
Keyword(s):  
Artificial Intelligence ◽  
European Community ◽  
Labor Relations ◽  
National Level ◽  
Labor Law ◽  
Regulatory Framework ◽  
European Level ◽  
Labor Legislation

The study analyzes the influence of artificial intelligence on labor relations and the related need to adapt to the legal institute of liability in labor law with the new social realities. The sources at European level are studied and the current aspects of liability in the labor law at a national level are analyzed. Based on the analysis, the challenges are outlined and the trends for the doctrine, the European community, and the legislation for the introduction of a regulatory framework are identified.

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.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

scholarly journals DIGITALIZATION OF LABOR LAW:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Larisa S. Kirillova ◽  
Andrey M. Lushnikov ◽  
Marina V. Lushnikova ◽  
Askhat A. Bikeev
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Digital Economy ◽  
Economic Relations ◽  
Labor Legislation ◽  
The Stability ◽  
The Moment ◽  
Definition Of ◽  
Comprehensive Study

The article discusses some aspects of the digitalization impact on labor relations. It is concluded that the digital economy could not but affect the labor legislation, since it is economic relations and the nature of labor organization that largely determine the content and specific nature of labor legislation. It is noted that many scientific materials on this issue affect only certain aspects of the digitalization of labor relations. This is largely due to the fact that the digital economy development process in Russia began somewhat later, and therefore the first works appeared only at the beginning of XX century. However, there is already a reason to conduct a comprehensive study of the problem at the moment. The authors offer to start by highlighting some trends in the development of labor law that are caused by the digital economy. It seems that further work shall be carried out with the definition of trends to identify the risks of digital changes and develop the most optimal proposals for legislation. Based on the trend consideration results, their positive or negative impact on labor relations is noted. It is noted that digitalization opens up new opportunities for the organization of labor and employment, but it carries a huge number of threats to the stability of labor relations at the same time.

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 Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

Application of elements of artificial intelligence technology in labor relations: problems and prospects

2020 ◽  
pp. 10-17
Author(s):  
S. Yu. Chucha
Keyword(s):  
Artificial Intelligence ◽  
Russian Federation ◽  
Labor Relations ◽  
Regulatory Framework ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Artificial Intelligence Technology ◽  
The Russian Federation

The author analyzes the existing legal, philosophical and technical approaches to the application of artificial intelligence technology in labor and related relations. The prospects of developing a regulatory framework for resolving labor disputes in Labor Dispute Commissions and courts of the Russian Federation, the practice of acceptance of a claim, preparing cases for litigation, and considering labor disputes using elements of artificial intelligence are assessed.

Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)

2020 ◽  
Vol 11 (4) ◽  
pp. 1080
Author(s):  
Samal K. ALIMKHANOVA
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Framework ◽  
Legal Aspects ◽  
Labor Laws ◽  
Legal Standards ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Union ◽  
The Moment

The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

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