scholarly journals FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS

2020 ◽  
Author(s):  
Andrey Aleksandrov ◽  
Keyword(s):  
Labor Law ◽  
Point Of View ◽  
Labor Disputes ◽  
Electronic Documents ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Creation ◽  
And Storage

Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.

scholarly journals Practice of compensation for moral damage in labor law of Ukraine and foreign countries

2020 ◽  
pp. 59-65
Author(s):  
O.I. Kyselova ◽  
M. Soldatenko
Keyword(s):  
Labor Law ◽  
Employee Rights ◽  
Labor Rights ◽  
Urgent Problem ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Moral Damage

The problems of legislative regulation of compensation for moral damage caused to an employee in terms of labor liability of the employer are studied. It is established that the current labor legislation does not contain a clear and sufficient regulation of this issue, so compensation for moral damage under labor legislation is an urgent problem at this stage of development. Thus, the Labor Code of Ukraine does not contain the very concept of nonpecuniary damage, indications of any criteria that affect the amount of compensation, does not provide sectoral specifics of protection of employee rights, therefore, the law enforcer is forced to address many issues of the Civil Code . All this, in our opinion, creates gaps in labor law. Therefore, it is proposed to develop clear criteria for determining the presence or absence of moral suffering of the employee as a result of violation of his labor rights guaranteed by law. In addition, it is determined that in Ukraine to this day there are a number of obstacles to the formation of uniform judicial practice for resolving labor disputes. One of them, in our opinion, is the lack of clearly defined criteria for determining the amount of non-pecuniary damage. After analyzing the experience of foreign countries on compensation for moral damage to employees in labor law, and the experience of Ukraine on this issue, we propose to introduce into law a specific list of cases that cause non-pecuniary damage in labor law, as well as to establish a minimum amount of moral damage. when the court decision determines its size, which is not proportional to the losses incurred by the injured person. Also, we consider it expedient to create certain subdivisions in the courts that would deal exclusively with labor disputes. A positive application of this practice would be the ability to elect judges from these units from ordinary citizens involved in labor relations, following the example of France. Such a system helps to increase the level of trust of employees and employers in the court and the resolution of labor disputes, including cases of compensation for moral damage.

Features of Legal Regulation of the Procedure for the Consideration of Labor Disputes in Kazakhstan

2020 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Ainur Zhenisovna ISSAYEVA ◽  
Bolat Zholdasbekovich AITIMOV ◽  
Zhanat Amandykovna ISSAYEVA ◽  
Madina Koishibayevna ZHUSSUPBEKOVA ◽  
Saltanat Saidakhmetovna TINISTANOVA ◽  
...  
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Labor Organization ◽  
International Labor Organization ◽  
Minimum Level ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Labor Legislation ◽  
International Labor ◽  
Conflict Resolutions

This study examined the experience of Kazakhstan, which created its own system of laws and regulations in the field of labor dispute problems, designed to protect the interests of workers and help ensure a minimum level for residents. The article identifies problems requiring study of issues on the application of labor legislation, development of recommendations for improving and taking measures to inform judicial practice in this category of cases. We have studied the activities of the International Labor Organization (hereinafter referred to as the MOT), which is the world agency of the United Labor Organization. Kazakhstan reports on labor issues, labor disputes, trade unions of workers, workers and others. Case studies show labor disputes, strikes by workers in the regions of Kazakhstan, as well as their solutions. The study makes recommendations of the following nature, when considering disputes regarding the recognition of  legal relations as labor, courts should distinguish between civil law relations and labor relations. The relevance of the research topic due to the need to develop and introduce new modern mechanism for resolving individual labor disputes, including pre-trial and non-judicial methods of conflict resolutions.

Application of civil law in the regulation of labour relations

2021 ◽  
pp. 748-755
Author(s):  
A.V. Mayfat ◽  
M.A. Zhiltsov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Labor Disputes ◽  
Labour Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Common Situation

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

To the question of remuneration for creative workers

2021 ◽  
pp. 182-188
Author(s):  
T.V. Russkikh
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Significant Deterioration ◽  
Employment Contract ◽  
Labor Legislation ◽  
Creative Workers ◽  
The Russian Federation ◽  
The Creation

The salary received by an employee under an employment contract is, as a rule, his only source of livelihood. Within the framework of this article, some problems of remuneration of creative workers are considered during the period when they do not participate in the creation and (or) performance (exhibit) of works or do not act. The article concludes that abuse by employers of the freedom granted to them by Part 5 of Article 157 of the Labor Code of the Russian Federation leads to a significant deterioration in the position of creative workers in comparison with workers in other professions. At the same time, the norms of differentiation should not be interpreted arbitrarily in violation of the Constitution of the Russian Federation and the fundamental norms of labor law, be discriminatory. It is concluded that the freedom of the employer as a party to the employment contract, even within the framework of the institution of remuneration, should be limited within certain limits. The ways of improving the current labor legislation are proposed.

Hidden Labor Relations: Current Law-Making and Law Enforcement Issues

2020 ◽  
Vol 7 ◽  
pp. 57-68
Author(s):  
I. Yu. Voronov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Labor Law ◽  
Employment Relationship ◽  
Labor Rights ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Legal Understanding ◽  
Civil Contract ◽  
Law Making

The article analyzes the positions of experts in the field of labor law regarding the nature and types of hidden labor relations from the positions of positivism and the scientifically based concept of integrative law understanding. The author criticizes the conclusions of experts based on a positivist legal understanding according to which an employment relationship arises on the basis of the reclassification of a civil contract into an employment contract or a civil relationship into an employment relationship. Based on the analysis of labor law norms, law enforcement practice in labor disputes and scientific points of view of experts in the field of labor law, which is based on a scientifically based concept of integrative law understanding, the author comes to the conclusion that hidden labor relations are a type of labor relations, have signs of labor relations, are common in the judicial practice of labor disputes and are the most urgent problem of Russian labor law. The author analyzes two modern types of hidden labor relations from the position of a scientifically based concept of integrative law understanding: the conclusion of civil contracts instead of labor contracts and the actual admission of an employee to work by the employer or with the knowledge or on behalf of the employer or its authorized representative in the case when the labor contract was not properly executed, within three days and later after the actual admission of the employee to work. The author analyzes the ways of protection of labor rights and legal interests in the field of labor from the position of a scientifically grounded concept of integrative law understanding and formulates law-making proposals for changing the norms of labor law.

scholarly journals Provision of the balance of interests between workers and employers as a value of labor law

2015 ◽  
Vol 2 (3) ◽  
pp. 181-185
Author(s):  
L V Zaitseva
Keyword(s):  
Continuous Improvement ◽  
Labor Relations ◽  
Labor Law ◽  
Work Practices ◽  
Labor Disputes ◽  
Moral Value ◽  
Social Partnership ◽  
A Value ◽  
Labor Legislation ◽  
Balance Of Interests

Provision of the balance of interests of workers and employers should be considered both as the objective of labor law and as the moral value of labor relations. Balance of the interests of the main subjects of labor law is provided by the means of continuous improvement of labor legislation, as well as through the use of various forms of social partnership, the contractual regulation of work practices and procedures of conciliation in the settlement of labor disputes.

Legal custom as a multilevel instrument of legal regulation of labor in the Russian Federation and the EU

2021 ◽  
Author(s):  
V.V. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Disputes ◽  
Foreign Experience ◽  
The Russian Federation ◽  
First Time ◽  
Supranational Level ◽  
The Eu

The article examines some of the issues of recognizing legal custom as a source of labor law from the point of view of the current Russian legal regulation, foreign experience and at the EU level. The practice of jurisdictional bodies in the application of legal customs as sources of labor law in the resolution of labor disputes is taken into account and evaluated. The author proposes the qualification of legal custom in the field of labor law through a set of features. The article also considers for the first time the phenomenon of legal custom as a source of labor law at the supranational level (EU level).

scholarly journals Private law branches under a totalitarian political regime (the case of Soviet labor law development in the 1918–1930s)

2020 ◽  
Vol 4 (2) ◽  
pp. 20-27
Author(s):  
Vladislav E. Stepanov
Keyword(s):  
Large Scale ◽  
System Analysis ◽  
Labor Law ◽  
Point Of View ◽  
Political Regime ◽  
Private Law ◽  
Totalitarian Regime ◽  
Labor Legislation ◽  
The Subject ◽  
The Impact

The subject. Implementation of Soviet labor law in the context of totalitarianism. Particular attention is paid to the formation of a repressive model of regulation of private law relations. The study of this problem is extremely important from the point of view of the totalitarian past of our country, covering all spheres of public life and entailing large-scale tragic consequences. The purpose of the article is to confirm or disprove hypothesis that a totalitarian political regime seriously impacts on the essential characteristics of private law branches. The theoretical and methodological basis of the study includes the principles of objectivity and historicism, the formal logical interpretation of the Soviet legal acts concerning labor relations and the method of system analysis, which allows us to reveal the subject of research comprehensively. The main results, scope of application. During the formation of the Soviet totalitarian regime, administrative methods of governance in the branches of private law (and in labor law, in particular) prevailed. The formation and development of Soviet labor law in the 1918-1930s. fully reflects the logic of the impact of a totalitarian state on the branches of private law. The widely used system of repressive measures in the sphere of labor was provided not only by laws, but also by the adoption of numerous by-laws, which deformed the system of private law relations based on decentralization and freedom of choice by legal entities. Labor relations were used by the Soviet state as a means of political management of significant masses of the population. Along with the codification of labor legislation (the adoption of the RSFSR Labor Law Codes of 1918 and 1922), normative acts aimed at state monopolization of labor regulation were adopted. A significant number of by-laws, which actually had the highest legal force, often had a purely coercive nature and was used by management as a means of achieving political goals. There was a de facto substitution of the right to work with a labor obligation. In a totalitarian regime in 1918-1930. in fact, a labor obligation is being affirmed, and the relationship between the employee and the employer has ceased to be private in nature, being under the control of executive authorities. Conclusions. Totalitarian political regime seriously changed the essential characteristics of private law branches.

scholarly journals Features of consideration by courts of labor disputes on the reinstatement of an employee at work

2020 ◽  
pp. 27-34
Author(s):  
O.I. Kyselova
Keyword(s):  
Effective Means ◽  
Labor Law ◽  
Case Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Labor Disputes ◽  
Procedural Law ◽  
Labor Legislation ◽  
Definition Of ◽  
Effective Remedy

Probably the most common category of litigation in the field of labor law is the dispute over the reinstatement of employees. The existing case law shows that in most cases the courts defend the rights of employees, because in the course of the trial the facts of violations by the employer of the requirements of current legislation during the dismissal of the employee are established. In case of violation of labor legislation, restriction of labor rights of citizens, among other things, inevitably raises the question of bringing the perpetrators to justice and ensuring fair, equivalent compensation and damages in accordance with the European concept of an effective remedy. Thus, traditionally, the grounds and procedure for unilateral termination of employment at the initiative of the employer, including redundancies, dismissal for absenteeism, etc., are often subject to judicial appeal. Further development of labor law seems to be able and should be based on and generalization of judicial practice for resolving labor disputes, reflecting the most acute problems of observance of labor rights of citizens. The study of case law on individual labor disputes is an effective means of gaining knowledge about the current state of legal regulation of labor relations and especially the protection of labor rights of citizens, their typical violations, gaps and contradictions of substantive and procedural law governing these relations. The article analyzes the opinions of scientists on the definition of labor disputes and formulates its own definition. In addition, some issues of resolving individual labor disputes on the reinstatement of the employee were considered and the practice of courts to implement court decisions on this issue was analyzed. Certain features of resolving individual labor disputes on employee reinstatement are noted. Taking into account the special position of the labor dispute as a legal category and the analysis made in this article of the legal regulation of the consideration of individual labor disputes on reinstatement at work is relevant for the science of labor law and the practice of applying the current legislation.

CAPRICCIOʼS GENRE IN MANDOLIN MUSIC AT THE END OF THE 19th – THE EARLY OF THE 20th CENTURIES (for example of the concert pieces by С. Munier)

2019 ◽  
pp. 60-71
Author(s):  
N. V. Bashmakova ◽  
K. V. Kravchenko
Keyword(s):  
19Th Century ◽  
Analytical Methods ◽  
17Th Century ◽  
Point Of View ◽  
Historical Approach ◽  
The Creation ◽  
Characteristic Features ◽  
Concert Works ◽  
In The Beginning ◽  
The 19Th Century

The purpose of this article is process of analyzing in reference to concert capriccio by C. Munier for mandolin with piano («Bizzarria», op. 201, Spanish сapriccio, op. 276) from the point of view of their genre specificity. Methodology. The research is based on the historical approach, which determines the specifics of the genre of Capriccio in the music of the late 19th and early 20th centuries and in the work of C. Munier; the computational and analytical methods used to identify the peculiarities of the formulation and the performing interpretation of the original concert pianos for mandolins with piano that, according to the genre orientation (according to the composerʼs remarks), are defined as capriccio. Scientific novelty. The creation of Florentine composer,61mandolinist-vertuoso and pedagog C. Munier, which made about 300 compositions, is exponential for represented scientific vector. Concert works by C. Munier for mandolin and piano, created in the capriccio genre, were not yet considered in the art of the outdoors, as the creativity and composer’s style of the famous mandolinist. Conclusions. Thus, appealing to capriccio by С. Munier, which created only two works, embodied in them virtually all the evolutionary stages of the development of genre. In his opus of this genre there are a vocal, inherent in capriccio of the 17th century solo presentation, virtuosity, originality, which were embodied in the works of 17th – 18th centuries and the national color of the 19th century is clearly expressed. Thus, the Spanish capriccio is a kind of «musical encyclopedia» of national dance, which features are characteristic features of bolero, tarantella, habanera, and so forth. The originality of opus number 201 – «Bizzarria», is embodied in the parameters of shaping (expanded cadence of the soloist in the beginning) and emphasized virtuosity, which is realized in a wide register range, a variety of technical elements.

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