Transformation of legal regulation of labor relations of scientific and pedagogical workers of modern universities in the digital economy

Introduction. The sphere of employment, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. First of all, we are talking about a change in the labor function of employees, the use of artificial intelligence during interviews, as well as electronic methods of registration of the emergence, change or termination of labor relations, electronic office work. Due to the specifics of the education sector, the practice of introducing the achievements of the digital economy into the process of legal regulation of the labor of scientific and pedagogical workers of modern universities is of particular interest, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the achievements of the digital economy into the practice of legal regulation of labor, as well as to identify the factors that impede the digital transformation of the employment sector, using the example of scientific and pedagogical workers of modern universities. Materials and methods. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The study used Rosstat data on higher education institutions registered in the Russian Federation for 2020. The results of the study show that the development of labor relations is taking place in line with modern global trends in terms of introducing the achievements of the digital economy into the practice of legal regulation of public relations. The sphere of education in our state is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92.3%), as well as special software for solving individual problems – 90.8%, electronic document management systems – 84.1%. The specifics of work in educational organizations determines the need for the development and implementation of specific digital transformation tools in modern universities.

INFORMAL EMPLOYMENT AS A FORM OF SOCIAL AND LABOR RELATIONS

The article discusses the theoretical aspects of the definition of informal employment in the system of social and labor relations. The content analysis of the international state documents defining this concept is carried out. The author's definition of informal employment is given as a set of social and labor relations related to hiring and performing labor duties without a corresponding legally stipulated formalization of labor relations.It is concluded that the monitoring of informal employment and the analysis of its quantitative and qualitative indicators can be useful both for the development of non-shadow social and labor relations, the development of effective labor standards, and for the normalization and institutionalization of specific types of informal employment.

sectoral FORMS OF REGULATION of SOCIAL AND LABOR RELATIONS: REGIONAL ASPECT

In this article, the author examines the system of regulation of social and labor relations at sectoral enterprises of the machine-building industry in the region. The study of the contribution of the industrial potential of the machine-building industry to the economy of the region and the country has been carried out. The goals and objectives of trade unions in the system of social partnership, legislative and legal acts regulating labor relations at the regional level are analyzed, the structure of the republican sectoral tripartite commission is shown and examples of the implementation of republican sectoral agreements and collective agreements of enterprises are presented. The author identified the possible risks of legal uncertainty in the regulation of social and labor relations at the regional sectoral level. New forms and mechanisms of interaction with Russian industrial corporations for solving social and economic issues of labor collectives have been formulated and proposed. The conclusion of corporate agreements is becoming one of the key benchmarks.

Original scientific article Employer’s Abuse of the Right to Labour Management

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

Labour Law Reforming at Qatar: comparative research

Paper proposed highlights the experience of Qatar's labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account. Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed. Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer. Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.

Problems of destandardization and precarization of labor in the context of globalization-americanization-deglobalization of the world economy in the XXI century

The article is devoted to the analysis of the content, essence and social consequences of the transformation of employment in industrially developed countries after the Second World War in the context of globalization - americanization - deglobalization of the world economy. The author pays great attention to exposing the modern mythologization of the digitalization of labor and labor relations in the countries of the global North in order to cover up the true essence of various forms of non-standard work, which has become widespread in the modern world-system within the framework of digital capitalism. At the center of the study and research of the problems of destandardization and precarization of labor in the world of digital capitalism is the digitalization of the world of work and labor relations and the impact of the digital economy on the situation of workers in Western countries, especially in the United States, which has become a role model throughout the world, including the countries with "economies in transition". The author draws special attention to the fact that the introduction of non-standard employment into economic practice in the West was caused by the transition of economically developed countries to the new social structures of accumulation by means of withdrawal, that is, by reducing labor costs within the framework of the neoliberal economy. Based on the study and analysis of foreign sources, the author concludes that the COVID-19 pandemic has become a trigger to the exacerbation of the current systemic crisis of global capitalism, which puts on the agenda the need to search for and implement new, fairer and more humane forms of world order under the slogans of the social movement of alterglobalists "People are higher than profits!" and "Another world is possible!"