scholarly journals Application of the civil law institution of pre-contractual liability to labor relations

2021 ◽  
pp. 99-116
Author(s):  
Elena Olegovna Belozerova ◽  
Aleksandr Andreevich Zaria
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
The Other ◽  
Employment Relations ◽  
Bad Faith ◽  
Legal Relation ◽  
Labor Legislation ◽  
Employment Agreement ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

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.

Alternative personnel solutions in the context of a pandemic: an assessment of options

2021 ◽  
pp. 76-85
Author(s):  
V. A. Lebedev ◽  
E. I. Lebedeva
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
The Other ◽  
Electronic Interaction ◽  
Remote Work ◽  
Labor Legislation ◽  
Key Points ◽  
The Russian Federation ◽  
The One

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.

Effective Establishment of Hidden Labor Relations by Judges in Russia from the Perspective of Integrative Legal Understanding

2021 ◽  
Vol 6 ◽  
pp. 10-15
Author(s):  
M. V. Sozanova ◽  
◽  
O. U. Fes'kova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Scientific Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
Legal Understanding ◽  
Structural Methods

The article analyzes the current labor legislation of the Russian Federation: considers the procedure and conditions for the emergence of labor relations, Рrotection of labor rights of the employee and compliance with the requirements of inadmissibility of abuse of labor rights by the employer when registering labor relations as an optional means, the authors of the article used in combination historical-legal and system-structural methods of cognition of the subject of scientific research.

scholarly journals IMPACT OF THE SYSTEM OF CIVIL LAW CONTRACTS ON THE RECOGNITION OF LABOR RELATIONS BASED ON CIVIL LAW CONTRACTS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 105-111
Author(s):  
O. E. Sonin ◽  
A. S. Еlkina
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Civil Code ◽  
The Subject ◽  
The Russian Federation ◽  
Formal Requirements ◽  
Civil Contract

The article is devoted to the study of the problem of the influence of the system of civil contracts arising from the provisions of the current Civil Code of the Russian Federation on the solution of the issue of the possibility of recognizing labor relations based on civil contracts. It means that Art. 19.1 of the Labor Code of the Russian Federation, the possibility of recognizing a relationship as labor is determined by the circumstances established in it, including the listing of the parties to the civil contract and its subject. In such conditions, it seems necessary to resolve the issue of giving preference to substantive requirements (signs of labor relations enshrined in Article 15 of the Labor Code of the Russian Federation) or formal requirements established by the provisions of Part 1 of Art. 19.1 of the Labor Code of the Russian Federation. The conclusion is substantiated that the influence of the system of civil law contracts and the related terminology of the Civil Code, which determines the parties and the subject of such contracts, on the decision of the possibility of recognizing relations as labor should not be taken into account when applying the current edition of Art. 19.1 of the Labor Code of the Russian Federation, and this article itself needs to be changed.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

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 Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда

2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Employment Contract ◽  
Social Partnership ◽  
Collective Agreements ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Collective Negotiations

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation

Labor books: History and Modernity

2020 ◽  
pp. 26-40
Author(s):  
G. Skachkova
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Industrial Revolution ◽  
Labor Relations ◽  
Basic Information ◽  
Historical Aspect ◽  
Fourth Industrial Revolution ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Modern Sense

The article deals with issues related to changes in the fixing of labor relations of citizens working under an employment contract in the conditions of the Fourth industrial revolution, characterized by the connection of the material world with the virtual one. But first, the process of «introducing» documents containing basic information about an employee into labor relations, which led to the appearance of the work book in its modern sense, is described in the historical aspect. Then it is shown what changes have occurred recently in the labor legislation of the Russian Federation regarding labor books with the advent of information technologies that record information about the labor activity of employees.

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

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