The article deals with issues related to the legal initiatives of the International labour organization (ILO), put forward in preparation for the 100th anniversary of the ILO, celebrated in 2019. Particular attention is drawn to the initiative concerning the future of the labour sphere, which should become the main activity of the ILO. The characteristic of the national report “The future of the sphere of labor in the Russian Federation: humanization, quality jobs, effective institutions”, implemented taking into account the priorities and activities in the field of social and labor relations.
The article considers the initiatives of the International labour organization (ILO), put forward on the eve of the celebration in 2019 of the 100th anniversary of education. The range of issues related to social dialogue and tripartism in the field of labor is shown, some proposals for the implementation of the development and implementation of the program of action for the coming years are revealed.
The article deals with some problems identified on the basis of the analysis of the norms of the Russian labor law. The main directions of development of labor law as a legal branch are formulated: a) improvement of the norms concentrated in the codified normative legal act; b) bringing into compliance of norms of the labor code of the Russian Federation and separate laws providing features of regulation of work of separate categories of workers.
In law enforcement practice, there are some problems associated with the application of ILO conventions after their ratification by Russia. One of such problems is connected with the alleged “burning” of unused vacation in the implementation of workers the right to paid annual leave. The article deals with the issues related to the ratio of international legal norms and national legislation on the example of Russia’s ratification of the ILO Convention No. 132 “On paid holidays”.
The article considers one of the most important constitutional principles — freedom of work and right to work. The dynamics of the development of freedom of labor and the right to work in the Russian state is shown, their condition is analyzed. Proposals were made to strengthen the state’s influence on the exercise of citizens ‘ right to work and it is recommended to make an addition to part 1 of article 37 of the Constitution.
The article deals with the right to work in the context of natural law doctrine. The article shows the features of the consolidation of this right in the Constitution of the Republic of Azerbaijan with the prohibition of forced labor and the implementation of this right in practice by creating conditions for the employment of all able-bodied citizens of the country.
The article is devoted to the influence of judicial practice on the legal regulation of labor relations. Based on the analysis of specific examples from judicial practice shows the importance of acts of various judicial bodies in achieving a fair agreement of the rights and interests of the parties to the relations of labor law.
The article deals with the issues arising in the context of reforming the labor market in Russia. The influence of reforming processes in the sphere of labor on the content of organizational and legal forms of labor (economically independent (hired, self-employed and state-administrative labor) and their ratio is shown. It is suggested to change the subject of labor law in the future, with the inclusion of all issues of employment and employment in Russia in the scope of labor legislation.
The article deals with the concept of typical and atypical employment. Classifications of atypical employment that are given are considered by the Russian doctrine. It is indicated that the doctrine of the Russian labor law employment is divided into formal and informal (in the understanding of the legality of work and care in the shadow sector), traditional and non-traditional. Attention is focused on the most common division of informal employment on the principle of official and non-official employment.
The article deals with issues related to the impact of technological innovations on the sphere of labor and employment. It is shown how technological innovations affect the sphere of labor and employment. In the context of the era of smart economy, knowledge economy, the most popular will be workers in the field of creating technologies that can effectively use the intellectual abilities of a person, his mental and creative activity.
The article raises the question of the need to revive the institution of mentoring, determining the mentor and his legal status. The purpose of mentoring, legal registration of duties of the mentor and payment of his work at the present stage of development of the labor law of Russia is defined. It is proposed to replace mentoring by tutoring, to expand the labor function of the tutor, the content of his work and the sphere of professional activity.
The article deals with the issues related to the use of the workbook as one of the main documents characterizing the labor activity of the employee. It is shown that in the conditions of digitalization of economy there is a translation of the main documents on labor activity in electronic form. At the same time, according to the author, the transfer of documents on employment to electronic media is premature and not entirely objective.
This article is devoted to the study of the problem questions of legal regulation of the minimum size of payment for labor with considering corresponding foreign experience (on the example of the countries of the Eurasian Economic Union). The positive trend: an increase of the minimum size of payment for labor in the Russian Federation, was indicated
The article deals with some aspects of ensuring workers ‘ rights to fair wages. It is concluded that it is necessary for employees to participate in the distribution of the employer’s profits in order to increase their motivation for efficient and productive work, since poverty remains the most acute problem for modern Russia.
In the science of labor law, the conceptual apparatus of labor protection (definitions and terms) and, above all, from the perspective of international labor law has not been developed in due measure. Moreover, there is no conceptual legal model of occupational safety and health, its conceptual basis. Therefore, the author attempts to fill this gap. The article reveals the concept of occupational safety, health and safety from the perspective of ILO legal acts.
The article deals with the fundamental legal problems of modern labor protection. The author, who has been working in the practical sphere of working conditions assessment for more than 15 years, considers it necessary to radically change the paradigm of labor protection, based on the thesis of “unconditional harmfulness of labor”, and build a new paradigm based on the “usefulness of labor” for the individual, society and the state
This article deals questions of the election of scientific workers on competition. The author analyzes the procedure of election of competition for employment at work or transfer to the position of a scientist in scientific organizations and organizations engaged in educational activities for educational programs of higher education and additional professional programs, as well as in other organizations engaged in scientific and (or) scientific and technical activities.
The lack of a single legal framework representing social protection and guarantees to persons belonging to the category of “young specialist”, as well as the consolidation of the definition of this concept at the Federal level has led to the presence of numerous definitions of this concept in different level regulations. In practice, this creates uncertainty in the understanding of the rules, which often ends in court proceedings between the parties to the employment relationship.
The article deals with the issues related to the peculiarities of the employment contract with athletes under the age of 14 years, the presence of which is able to fully protect the rights and legitimate interests of the employee. The participation of legal representatives of employees under the age of 14, including the guardianship authorities, in the protection of their interests in the field of remuneration was also considered.
This article provides a comparative analysis of the provisions of the labor legislation of Russia and Ukraine applied to labor relations and other directly related relations in the Republic of Crimea. Some features of legal regulation of the specified relations on the basis of the Russian and Ukrainian legislation are shown.
The article discusses the duties of the head of the joint-stock company in the field of safety and labor protection, as it is the law entrusted with the management of the current activities of the company. The author presents the classification of such duties and discloses their content.
This article discusses some aspects of state policy of Russia and the Kingdom of Saudi Arabia in relation to women. The article analyzes the latest reforms of the current legislation in this area and shows that in some cases the legislator in both countries deprives women of a number of guarantees and benefits, as work in certain areas is considered within the civil law relations.
The article describes the features of the employment contract with employees of religious organizations having a special social and labor status in accordance with the internal regulations of the employer. Emphasizes labor-legal status of workers of Sanaa, volunteers, professionals (accountants, treasurers), household workers, and workers involved in the administration of rites, but not having ecclesiastical dignity (choristers).
Transformation of the social sphere requires new organizational, legal and personnel decisions, among which a special place is taken by secondment of law enforcement officers to state and other institutions and organizations. Here the necessary car dinamina change labor law paradigm. The article analyzes the current state of legal regulation of the work of seconded police officers, notes the duality of their employment status, offers options for improving the legal regulation of their work.
The article deals with the issues related to the activity of the Commission on labor disputes in the Republic of Belarus, which is, as a rule, an obligatory primary body for the consideration of individual labor disputes arising between an employee and an employer, except for those for which the procedure for consideration directly by the court is established. Specific proposals were made to improve the legislation of the Republic of Belarus, aimed at improving the efficiency of the CCC and bringing it in line with modern realities.
The article deals with some issues of protection of the right of Russian citizens to social security with the characteristics of the mechanisms of such protection. Attention is paid both to the imperfection of the legislation, contributing to violations of the rights of citizens, and to the illegal actions of the bodies authorized to carry out social security.
This article discusses some issues related to the protection of individual labor rights of workers in the Republic of Kazakhstan, provides a classification of forms of protection of individual labor rights.
The article deals with the procedural forms of activity of the compulsory primary body for the consideration of collective labor disputes in the Republic of Belarus — the conciliation Commission. Various types of offenses on the part of the employer in case of evasion from creation of the conciliation Commission and participation in its work are revealed.
The article highlights the problems of correlation between General and special rules on responsibility in labor law. Also discussed about the ratio of the norms of responsibility taken by the public authorities, with the local norms. Attention is drawn to the conflict between General and special rules of the labor code on the responsibility of employees, as well as the conflict between the rules of the labor code and special rules of the statutes and regulations on discipline of certain categories of workers.
The article deals with a number of issues related to the timing of appeal to the court. Some theoretical and practical problems arising in the application of article 392 of the CC RF concerning the legal nature of the terms of appeal to the court are investigated. It is noted that the points of view expressed in the legal literature are debatable, which allowed to draw some conclusions about the beginning of the period for the appeal of employees to the court.