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Трудовое право
Khusyainov T.M. - The process of formation and features of legal regulation of Internet employment in the labor legislation of France pp. 9-16


Abstract: This paper examines the process of formation of the national labor legislation of France in the field of legal regulation of Internet employment and the impact on it of supranational labor law - the norms of the "European Framework Agreement on Telework" ("European Framework agreement on telework"), adopted in 2012, Despite the rapidly growing interest of modern researchers in new forms and types of employment including those based on Internet technologies, the study of foreign and European labor legislation, and especially the norms of labor law in the field of regulating Internet employment in France, as well as in other countries, is currently insufficient and requires closer attention of researchers. The methods of this research were the analysis of the legislative base of France and the European Union, Russian and foreign scientific literature, as well as data from sociological and statistical studies. Within the framework of this work, the features of the implementation of the "European Framework Agreement on Telework" in the national labor law of France are determined, the degree of implementation in comparison with some other countries of the European Union is noted. The role of national and supranational law in the formation of labor legislation in the field of regulation of Internet employment is highlighted.
Smirnova M.S., Listratov I.V., Yun D.A. - Legal Regulation of Qualification Requirements for the Teaching Staff of Higher Educational Institutions pp. 13-23



Abstract: The subject of the study is the legal regulation of qualification requirements for the teaching staff of higher educational institutions in the Russian Federation. The authors discuss the main qualification requirements that apply to the positions of assistant, teacher, senior lecturer, associate professor, professor. Universities may introduce additional requirements when announcing a competition for positions, in most cases they are reduced to the applicant's compliance with a certain level of publication activity. The legal regulation of the requirements for the teaching staff of higher educational institutions is carried out in accordance with the norms of the Labor Code, the Law "On Education in the Russian Federation", the corresponding Order of the Ministry of Health and Social Development of the Russian Federation. The activity of the teaching staff is connected with the implementation of federal state educational programs, which also prescribe the requirements for personnel. As a result of the study, the specifics of the qualification requirements for scientific and pedagogical workers were revealed. The complexity of the professional functions performed by the teaching staff largely determines the existence of a fairly extensive legal framework regulating social and labor relations between an employee and an employer. The analysis of this legal framework indicates not only its multi-step nature and complexity, but also a certain instability. A number of qualification requirements have recently undergone significant changes. A certain obstacle to starting a teaching profession is the qualification requirements for the position of an assistant. The requirements for the teaching staff vary not only from position to position, but also vary depending on the institution of higher education.
Eseva E.Y. - Russia and international law: collisions and perspectives pp. 16-21


Abstract: The article is devoted to consideration of the Russian legislation in the sphere of employment law of foreign nationals. The research is carried out on the example of a foreign national who has an international driving license issued by a foreign state and a profession of a driver, and tries to get a job of a driver in the Russian Federation. The article analyzes the existing regulations of the Russian labor and administrative law in this sphere in the context of their correlation with the regulations of international law, which had been ratified by the Russian Federation. The author uses the general scientific methods of cognition, such as the comparative method, the historical method, analysis and synthesis. The author reveals discrepancy between the regulations of the Russian law and the regulations of international law. In the conclusion the author offers two ways of solution of this problem: either bringing of the Russian legislation to conformity with the international one, or the Vienna Convention “On Road Traffic” denunciation. 
Savin V.T. - Agencies, responsible for the consideration of individual industrial disputes, whose decisions are guaranteed by the financial responsibility of employers pp. 18-27


Abstract: The research subject is a poorly studied problem of agencies, making decisions about the reemployment of workers. The non-observance of these decisions is considered as a reason for the financial responsibility of an employer, provided by the paragraph 3, article 234 of the Labor Code of the Russian Federation. The author gives special attention to the agencies, established by federal laws, defining the peculiarities of consideration of individual industrial disputes of certain categories of workers, which differ from jurisdictional agencies and, therefore, can’t consider industrial disputes according to the procedure, established in the chapter 60 of the Labor Code of the Russian Federation. The research methodology is based on the general scientific dialectical method, the universal scientific methods (system-structural, functional, the methods of analysis and synthesis, induction and deduction) and special scientific methods (historical, comparative-legal, legal and dogmatic). The scientific novelty of the study consists in the analysis of the composition of agencies, responsible for individual industrial disputes, which decide about the reemployment of the worker. The author finds out that the composition covers not only jurisdictional bodies (the Labor disputes commission, court), but also the bodies, established by federal laws, which are known as the administrative jurisdiction bodies, which also decide about the reemployment of a worker. The author comes to the conclusion that the article 382 of the Labor Code of the Russian Federation, defining the jurisdictional bodies, responsible for the consideration of individual labor disputes, should be amended with the bodies of administrative jurisdiction. The author proposes a new version of this article. The realization of this proposal will complement the paragraph 3 of the article 234 of the Labor Code of the Russian Federation which needs improvement due to the absence of references to the bodies of administrative jurisdiction. This measure will raise the level of the financial responsibility of an employer and the protection of labor rights of a worker. 
Volokh V.A., Volodin E.V. - Employment Procedure for Foreign Nationals with Refugee Status or Temporary Asylum in the Russian Federation pp. 19-37


Abstract: In their article “Employment Procedure for Foreign Nationals with Refugee Status or Temporary asylum  in the Russian Federation”, the authors consider the problems of forced migration as relates to employment of foreign nationals with refugee status or temporary asylum  in the Russian Federation, the relationship between foreign nationals and the governmental authorities, local authorities, officials of such authorities, established in connection with the work carried out by such foreign nationals in the Russian Federation. The article deals with the problems associated with the registration of such persons by their employers with various authorities and the responsibility in the event of non-performance of such obligations. It describes the matters relating to the taxation of foreigners working in Russia and their duty to pay social contributions. It is noted that for today’s Russia, forced migration has become a problem which has not received sufficient attention or well-thought-through governmental decisions. The government’s inability to assist such forced migrants on a number of occasions results in non-performance of international obligations and lower international esteem of the country, while the non-regulated nature of the legal status of a significant number of foreign nationals and stateless persons increases the probability of crime and administrative offences. It is noted that foreign nationals which have the refugee status or temporary asylum  for employment purposes in the Russian Federation do not need to obtain a work permit and their employer or customer buying their work/services does not need to obtain the permission to employ foreign workers. At the time of being hired, the above category of foreign nationals cannot show their passports, therefore, pursuant to the provisions of Article 65 of the Labor Code, they produce their refugee certificate or the certificate of temporary asylum  respectively, the details of which their employer should include in the employment or civil-law contract. Both when entering into employment and when providing documentary support for employment of such employees, their employer should act pursuant to the provisions of the Labor Code. However, both refugees and the persons with temporary asylum in the Russian Federation remain foreign nationals, therefore, their employer should understand what to do with respect to such category of employees pursuant to the migration, tax laws and the laws related to social security.
Osina D. - Particularities of the Procedure of Discharging a Head of an Organization As a Result of a Decision Made by a Property Owner of an Organization (the Case Study of Discharging a Municipal Official) pp. 29-38


Abstract: In her article Osina studies the case of discharging a municipal official and analyzes particular features of implementing Article 2 of Clause 278 of the Labour Code of the Russian Federation that regulates the procedure of dismissing a head of an organization as a result of a decision made by a property owner of an organization. Base on the literal interpretation of the provisions of Article 278 of the Labour Code of the Russian Federation, an employer does not have to explain grounds for his or her decision about discharge of an employee. However, actual situations are not so explicit. For this regard, the question about the balance between public and private interests and inadmissibility of abuse of rights and discrimination in the labour sphere based on discretionary authorities of a property owner is emerging full blown. These issues have been focused on by the researcher, as well as a few others. The research was carried out using such methods as analysis, structured system analysis, formal law method and comparative law method. As a result of her research, Osina makes a number of conclusions including the following: 1) an individual who is, on a pro forma basis, runs an organization but does not perform a particular labour function, cannot be regarded as a head for purposes set forth by Clause 2 of Article 278 of the Labour Code of the Russian Federation; 2) a lack of legal clarity of Article 279 of the Labour Code of the Russian Federation causes a situation when an employee may be punished twice for his or her disciplinary violation which, on the one hand, cannot be the cause of discharge but, on the other hand, creates grounds for denial of a compensation; 3) public interests of a municipal unit should be taken into account when discharging a head of an organization (municipal official). However, a comprehensive answer to the question about a particular manner public interests should be taken into account is provided neither by legislation nor judicial practice. 
Aisner L.Y., Sochneva E.N., Chervyakov M.E. - Legal Aspects of the Creation and Development of the National Qualifications System in Russia pp. 31-42


Abstract: This research is devoted to the process of introduction of the National Qualitification System into the social labor sphere of the Russian Federation. This is the System that succeeds the previous qualifications system. Generally, the National Qualification System in Russia is represented by four inter-related elements: professional standards, independent assessment of qualifications, professional social accreditment of education programs and directory of the most demanded professions. European countries have been having such systems for quite a logn time, thus they have a lot of experience in this sphere. The aim of this research is to find common features and differences between European and Russian qualifications systems as well as the experience of implementation of this sytem in Russia. In addition, the authors analyze differences between previous Russian qualification systems that were based on directories of professions and modern systems that are based on professional standards. In their research the authors have applied such methods as analysis, synthesis and summary of legal materials. The scientific novelty of the research is caused by the fact that the authors analyze difficulties and challenges of introducing the new qualifications system into the Russian labor law as well as problems the society has faced as a result of implementation of the new system. As the result of the research, the author concludes that the main feature of the National Qualifications System in Russia is the synthesis of mandatory (imperative) and market grounds. 
Nogailieva F.K. - Equality of the Different: Protection of Employee's Religious Beliefs in the USA pp. 39-45


Abstract: The article is devoted to creation of an individual working setting that would take into account peculiarities of employee's religious beliefs (the need to prey, wear religious clothes and symbols, etc.). Problems that may arise in the process of applying religious norms at the workplace become important for Russia, too, this is why Russian law experts start to analyze the experience of the foreign states on the matter. In this article the author analyzes the lawmaking and law enforcement experience in the USA legal system, the country that has the longest story of conflict resolutions with 'religious' employees. The research is based on analysis and interpretation of legal acts, conclusions of the Comittee for Providing Equal Opportunities for US Employees and experience of the US judicial authorities. The main conclusion of the article is that despite a US specific concept of reasonable accomodation of working conditions to special needs of employees (including religious needs), this idea proves to be inefficient. According to the concept, an employer must change working conditions when these changes do not incure unreasonable expenses. There are criteria for such unreasonable expenses in relation to disabled employees and employees with families, however, there are no such criteria for religious employees. This makes it difficult for employees to protect their religious needs. 
Filyushchenko L.I. - Legal Regulation of Employment in a Digital Society pp. 40-47



Abstract: The subject of this study is the legal norms that mediate the procedures for the selection of personnel and the employment of employees. The purpose of the study is to analyze the norms of labor legislation regulating employment relations in a digital society, and the practice of their application. General and private scientific methods were used (formal dogmatic, comparative legal methods of research, interpretation, modeling). The positive role of digital platforms in the employment of citizens was noted. However, the development of digital technologies displaces people from the sphere of employment, to which the legislation is still weakly responding. Particular attention is paid to employment issues that have not been resolved in legislation, which may lead to a deterioration of the situation of citizens. The transformation of labor functions is taking place, which excludes human participation in part of operations and makes it necessary to consolidate in legislation the obligation of employees to improve their qualifications. The content of the concept of "business qualities" of an employee is expanding, including digital competencies, including the ability to interact with artificial intelligence. It is desirable to reflect the definition of the concept in legislation and take it into account when posting information about vacancies on digital platforms. The conclusion is made about the inadmissibility of making a decision on employment (refusal of admission) by artificial intelligence on the basis of data collected without the consent of the applicant. The legislation in the field of employment is not quite ready to respond to the changes taking place in connection with digitalization. The proposed solutions may be the subject of discussion and useful for the legislator.
Filyushchenko L.I. - Balance of interests of the parties to labor relations in the introduction of digital technologies pp. 42-51


Abstract: The subject of the study is labor relations undergoing significant changes due to the digitalization of the economy and public life. The object of the study is the norms of labor legislation regulating the use of digital technologies in the field of labor relations, as well as the emerging practice of their application. The norms are analyzed from the point of view of ensuring a balance of rights and interests of the parties to labor relations. Attention is paid to the new rules for the introduction of electronic document management, the transition to accounting of information about work in electronic form, the implementation of remote work. General and private scientific research methods (formal legal, interpretation, comparison, mental modeling) were used. The main conclusion is the revealed imbalance of individual norms regulating the digital space in the field of labor relations. In some cases, the balance is violated in favor of employers, and the rights of employees are infringed. It was found ineffective to transfer the issue of providing labor means or payment of compensation for the use of their equipment to the discretion of social partners. It is proposed to legislate the provision of equipment and other means of labor by the employer if the initiative in remote work comes from him, as well as to limit the possibility of remote monitoring (supervision) of employees in the performance of their work duties. The use of electronic signatures requires a uniform approach that excludes the multiplicity of electronic signatures.
Chuklova E.V. - Collisions between the norms of corporate and labor legislation in regulation of work of a head of organization pp. 43-51


Abstract: The subject of the research is the range of norms of corporate and labor legislation regulating the order of guaranteeing and compensating for the head of a legal entity. The article considers some collisions between the use of norms of corporate and labor legislation concerning the conditions of a dismissal wage inclusion in the work contract of the head of organization. The object of the research is a range of social relations with the participation of a head of a legal entity. The author concludes that it is reasonable to recognize the conditions of work contract as civil transactions. The research is based on the dialectical method of cognition and the related general scientific and special methods: comparative-legal, formal-logical, functional, systems and other methods. The author considers unacceptable the recognition of a voidable transaction as invalid and the use of the consequences of its invalidity for the protection of violated rights. In the considered cases a more adequate way of protection of a violated right would be the recognition of a decision of a legal entity council or (and) bodies about payment of dismissal wages, compensations or other pays to heads of organizations and members of collective executive bodies due to a work contract termination as invalid. 
Safin R.R. - Direct and indirect interaction between civil and labor law pp. 47-54


Abstract: The research object is the aspects of interaction between two branches of law – civil and labor. The author considers the provisions of the current Russian legislation, law-enforcement practice, the opinions, ideas and visions of the problem of agreement-based regulation in the sphere of labor. Scholars have raised the problem of interaction in their works, but a proper answer about inter-branch connections of civil law with other branches of law hasn’t been found yet. However, there’s a necessity to guarantee the balance of civil and labor regulation of agreement-based social relations connected with labor activity. The present article gives the author’s understanding of interaction between civil law and labor law, analyzes agreement-based regulation and inter-branch connections. The combination of elements of different branches is a representative sphere of scientific analysis of inter-branch connections of civil law. Therefore, the civilized approach to the study of inter-branch connections between civil and labor law in agreement-based regulation of relations in labor activities and services delivering seems to be reasonable. It is also important to detect and describe these connections. This work will help not only to verify the feasibility and effectiveness of the construction of a labor agreement in the context of new economic conditions, detect the correlation between a labor agreement with related civil agreements, but also analyze the need for and the expediency of civil regulation of relations in this sphere. It will also help to harmonize civil and labor means of regulation of these social relations (implement so-called “collision law regulation). 
Epifanova E.V., Pavlisova T.E. - Legal regulation of labor in Russia: history and modern tendencies of development pp. 55-71


Abstract: The research subject is the process of formation of labor law as an independent branch in the result of complication of social relations caused by economic development (development of industry and necessity to regulate the status of workers employed in industrial sector). The authors study the main stages of development of labor legislation, the evolution of methods of legal impact determined by economic and political factors, the basic principles underlying legal regulation of labor relations at the modern stage of development of state and society, the tendencies and prospects of the sector in the context of globalization of the world economy. The research methodology is based on the axiological approach, the comparative-legal and historical-legal methods, the principles of scientific character, objectivity, analysis of events if their correlation and historical interdependence. The analysis of history of legal regulation of labor relations in Russia allows concluding that Soviet law, which had formed on the basis of socialist principles of commonality and obligatoriness of labor, had significant impact in foreign legislation. At the present stage, Russian law, influenced by liberal values, has declared the principle of the freedom of labor. We observe an opposite tendency – a unifying impact of international legal regulation of labor, international migration, universalization of mechanisms of recognition and protection of labor rights and freedoms, implementation of international conventions by the national law. 
Paramonova S.V. - Annual paid prolong basic leaves of higher educational institutions’ employees in executive positions pp. 61-83


Abstract: The article observes the evolution of legal regulation of annual paid prolonged basic leaves of higher educational institutions’ employees in executive positions. The author carries out retrospective analysis of statutory acts regulating the length and the procedure of granting annual paid prolonged basic leaves to the employees of educational institutions and formulates the ideas about potential scenarios of their application to this category of employees. It helps demonstrate the drawbacks of the old and the current legal instruments. The author attempts to formulate particular practical recommendations for their effective implementation. The research methodology is based on general scientific and specific research methods: dialectical, historical-legal, formal-logical, linguistic, system approach and system analysis. The author deliberately uses the generalizing theoretical category – an “annual paid prolonged basic leave” (shortly, a “prolonged leave”), regardless of the terminology used in statutory acts of the related historical period, though the notions can be used in compliance with the analyzed statutory act. It demonstrated the diversity of the terminology used in statutory acts. The estimation of legal regulation of annual leaves of the executives of higher educational institutions, described in the article, and the author’s assumptions about a relatively new legal procedure can be considered as a reason for the further theoretical consideration of the problem issues and will be used in law enforcement practice and for the improvement of lawmaking. The scientific novelty of the study is determined by the fact that it is a practice-oriented research of the legal regulation of annual leaves of a specific category of higher educational institutions’ employees which hasn’t been profoundly studied so far. 
Basalaeva S.P. - On responsibility of the employer to undertake measures for preventing corruption pp. 65-79


Abstract: 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.
Demidov N.V. - Dismissal of a pregnant employee: on practicability of the current legislative guarantees pp. 84-91


Abstract: The article considers legal guarantees for pregnant employees in the situation of employer-initiated termination established by the labor legislation of the Russian Federation. The author analyzes the positions of the Supreme Court in this sphere and studies the practice of regular courts. The author exposes the contradictions between the legal regulation of dismissal of a pregnant employee and the actual needs of the labor market and an employer. The author takes into account the objective current labor relations with pregnant employees. The article critically analyzes the actual prohibition on termination of particular categories of employees. The research methodology includes formal-legal and logical methods, analysis, deduction, induction, dialectical and legal-sociological methods. The author concludes about the contradictory nature of the current prohibition on dismissal of a pregnant employee in case of disciplinary offences without good excuses. The author points at economic destructiveness of transferal of the burden of social protection from the government to the employer. The author substantiates the need to amend the article 261 of the Labour Code of the Russian Federation with compromise initiatives in order to achieve a balance of interests of an employer and an employee. The author suggests accepting the possibility to dismiss a pregnant employee who has repeatedly committed a gross misconduct without a good excuse, or replace reemployment with a leave compensation. 
Shishulina T.P. - Judicial protection of workers' labor rights: problems of implementation pp. 108-126



Abstract: The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees. The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights. The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are: 1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator. 2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer. 3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer. 4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.
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