Journal articles on the topic 'Forced labor – Law and legislation'
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1
Et. al., Odiljon Sulaymanov,. "Abolition Of Forced Labour: Case Of Uzbekistan." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 4 (April 11, 2021): 1078–89. http://dx.doi.org/10.17762/turcomat.v12i4.618.
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The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.
2
Jurabek Rasulov, Odiljon Sulaymanov,. "ABOLITION OF FORCED LABOUR: CASE OF UZBEKISTAN." Psychology and Education Journal 58, no. 1 (February 1, 2021): 4564–80. http://dx.doi.org/10.17762/pae.v58i1.1563.
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The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.
3
USTINOV, ANDREI A. "Forced labor as a form of punishment." Vedomosti (Knowledge) of the Penal System 227, no. 4 (2021): 36–44. http://dx.doi.org/10.51522/2307-0382-2021-227-4-36-44.
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Abstract. The purpose of the article is to identify, on the basis of analysis of law enforcement practice and opinions of personnel of the penal system, practical problems arising in the execution of punishment in the form of forced labor, and ways to solve them for the purpose of improvement of the criminal and penal legislation in this area. The expediency of introducing some amendments to the legislation aimed at improving the procedure for the execution of forced labor is substantiated. Key words: penal law, punishment, forced labor, execution of punishment, correctional center.
4
Козир, В. О. "ПРИНЦИП СВОБОДИ ДОГОВОРІВ ПРО ПРАЦЮ Й ЗАБОРОНИ ПРИМУСОВОЇ ПРАЦІ ТА ЙОГО РЕАЛІЗАЦІЯ ЯК ПІДҐРУНТЯ ВЗАЄМОДІЇ ПРАЦІВНИКА Й РОБОТОДАВЦЯ." Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no. 31 (February 2020): 80–86. http://dx.doi.org/10.34142/23121661.2020.31.09.
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The purpose of the article is to characterize the principle of freedom of employment contracts and the prohibition of forced labor as a basis for interaction between employee and employer. The author notes that in the domestic science of labor law we do not find a single principle of freedom of contract and prohibition of forced labor, it occurs as two separate principles – freedom of contract of employment and prohibition of forced labor. The article substantiates the author's opinion that today in labor law Ukraine should talk about a single principle - the principle of freedom of employment contracts and the prohibition of forced labor, which is important not only for labor law as one of the main vectors of its norms, it is reliable. a platform for interaction between the employee and the employer in achieving a common result meaningful to them through the realization of their own interests. Emphasis is placed on the primacy of the employment contract in matters of the possibility of concluding employment contracts. After all, the employment contract is the platform that connects the joint legal relations of the employee and the employer and determines the possibility of detailing these and other relations derived from them. The author also provides suggestions for improving the current labor legislation.
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M. Natta, Pierfilippo. "Anti-Forced Labour Update: Stronger Legislation with an Absence of Guidance." Global Trade and Customs Journal 16, Issue 5 (May 1, 2021): 209–16. http://dx.doi.org/10.54648/gtcj2021023.
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Addressing forced labour concerns in 2021 – upcoming legislation and lack of concrete guidance leaves importers concerned when developing mitigation strategies. The last six months have harvested major developments in the area, this brief update highlights how targeted the developments have become and how companies may best prepare for the upcoming anti-forced labour legislation (This is one of a series of articles addressing force labour law. See Olivia Acuff, Donald C. Hok, Pierfilippo M. Natta & George Zaharatos, Eradicating Forced Labour in Global Supply Chains, 15(8) Global Trade & Cust. J. 388–400 (2020)).
6
Tomashevski, K. L. "Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 86–95. http://dx.doi.org/10.17816/rjls18203.
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In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
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Kashekhlebova, E. A. "On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 8 (November 13, 2021): 118–24. http://dx.doi.org/10.17803/2311-5998.2021.84.8.118-124.
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The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.
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Kyselova, O. I., and M. Soldatenko. "Practice of compensation for moral damage in labor law of Ukraine and foreign countries." Legal horizons, no. 26 (2020): 59–65. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p59.
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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.
9
Sobolev, S. A. "THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA." Bulletin of Udmurt University. Series Economics and Law 31, no. 6 (December 3, 2021): 1065–71. http://dx.doi.org/10.35634/2412-9593-2021-31-6-1065-1071.
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The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.
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Echeverry, Eliza Guyol-Meinrath. "Violence, Development, and Canada’s New Transnational Jurisprudence." Conflict and Society 4, no. 1 (June 1, 2018): 167–85. http://dx.doi.org/10.3167/arcs.2018.040113.
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For decades, Canadian-based corporate development projects have been linked to acts of violence in countries all over the world. These acts include sexual violence, destruction of property, community displacement, the use of forced labor, and other forms of violence. While Canada has repeatedly failed to pass legislation holding Canadian-based corporations accountable for human rights abuses committed abroad, Canadian courts are increasingly asserting their jurisdiction over cases of development-related violence. Analyzing two ongoing court cases—Caal v. Hudbay, regarding sexual violence in Guatemala, and Araya v. Nevsun, regarding forced labor in Eritrea— this article examines the potential and limits of law to address the bureaucratic mechanisms and grounded experiences of corporate-development-related violence, and the changing relationship between states, corporations, law, and human rights in the modern global era.
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Minakov, G. L., and L. A. Abashina. "CRIMINAL CODE OF THE RUSSIAN FEDERATION TWENTY YEARS: ACHIEVEMENTS AND MISSED OPPORTUNITIES." Proceedings of the Southwest State University 21, no. 3 (June 28, 2017): 130–40. http://dx.doi.org/10.21869/2223-1560-2017-21-3-130-140.
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This paper analyzes the criminal legislation of the Russian Federation, which is 1 January 2017 marks the twentieth anniversary of the entry into force. Draws attention to a number of problems associated with the many changes made to the text of the Law. There is a significant difference between a modern edition of the Criminal code of the Russian Federation of the sample 2016 from the Criminal code of the Russian Federation at the time of its adoption in 1996. Indicates the number of egregious errors and omissions of the legislator in constructing the norms, not all of which today are corrected. It is stated that hitherto the criminal code of the Russian Federation in full is not entered into force. In particular, not put into effect the provisions of the Criminal code of the Russian Federation on the punishment in the form of arrest, despite the expiry of the deadline of entry (2006). Thus it is proved that stipulated by the legislator in the Criminal-Executive code of the Russian Federation of conditions of serving of arrest for much stricter than the conditions of detention of the convict in jail, which violates the principle of fairness criminal law. The authors emphasize that the economic factor in justifying the imposition of arrest generally not taken into account. In this connection, the conclusion about the need to exclude these norms of the current legislation. It is noted that a similar situation exists with the new punishment in the form of forced labor. The paper argues that the inability of the purpose of forced labor may result in adverse legal consequences for the persons serving compulsory work, corrective labour and restriction of freedom in case of malicious evasion from serving of the latter. The authors note, requires a final decision and issue the death penalty.
12
Kotova, Liubov, and Victoria Tiutiunnyk. "PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION." Law Journal of Donbass 77, no. 4 (2021): 85–92. http://dx.doi.org/10.32366/2523-4269-2021-77-4-85-92.
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European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.
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LYSKO, Tetiana. "Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries." Economics. Finances. Law, no. 5/2 (May 29, 2020): 32–35. http://dx.doi.org/10.37634/efp.2020.5(2).6.
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The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.
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Novikova, Yu А. "Productivity and Qualification as Categories of Labour Law." Voprosy trudovogo prava (Labor law issues), no. 11 (December 10, 2021): 828–35. http://dx.doi.org/10.33920/pol-2-2111-03.
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The Labor Code of the Russian Federation repeatedly mentions the terms «labor productivity» and «qualification,» while the definition of the first category by the legislator is not given, and the definition of the qualification of the employee appeared in the code relatively recently and the norms in which these terms are indicated are focused throughout the code, which complicates the establishment of for which relations regulated by labor law, for which rights of workers these categories are legally significant. On the basis of the analysis of the rules of the labour legislation in force, this article concludes the relations for which these categories, both separately and collectively, have legal significance, as well as what the legal meaning of these terms for the conclusion, modification and termination of an employment contract is, in particular, for relations directly related to employment contracts.
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Vakariuk, L. "To the issue of the efficiency of legal regulation of labor relations and optimization of the labor-law regime." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 9–14. http://dx.doi.org/10.24144/2307-3322.2022.72.34.
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The article notes that since labor law by its nature has a social orientation, regulates labor relations, which are based on work as the most important value, the source of existence and satisfaction of the interests and needs of employees and, ultimately, the entire society, it is obvious that the efficiency of labor legal regime can be considered as a realized social value that ensures and satisfies the interests of working people. Therefore, the criterion of the effectiveness of the labor law regime is the degree of provision and achievement of the corresponding values. The labor law regime creates a specific degree of favorability or disadvantage to satisfy the interests of the parties to labor relations and forces them to act in accordance with the rules of the game proposed by the state, while ensuring the stability and predictability of social relations. This feature of the labor law regime can be used to create both stimulating and limiting conditions of activity.
It is emphasized that while talking about the optimization and perfection of the labor law regime, it is necessary to talk about the effectiveness of the legal regulation of labor relations as a whole, since the solution of the first task depends on the second and vice versa. The problem of efficiency and optimization lies in the sphere of modeling social relations in the field of labor with the help of legal norms, which already lay down the nature of the appropriate type of labor-legal regime. Therefore, no law or regulatory act will be effective if they are not based on a favorable "legal climate", in other words, an adequate type of labor law regime.
It is emphasized that efficiency is not reduced purely to the requirements that the legal norm must meet, it is mostly reduced to the main guidelines in the law-making activity of the state regarding the improvement of legislative norms, optimization of legal regimes. Optimization of the labor law regime will help ensure the solution of the main tasks facing labor law as a branch of law. One of the main ways to optimize the labor law regime is to create new and improve existing labor legislation, bring it into line with EU legislation.
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Gluschenko, M. "Protection of rights of employees in case of employment contract’s suspension under the martial law." Uzhhorod National University Herald. Series: Law 1, no. 74 (January 31, 2023): 176–82. http://dx.doi.org/10.24144/2307-3322.2022.74.30.
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The author focuses on the actual problems of implementing the employee's right to protection in case of the employment contract’s suspension in the conditions of martial law. Within the framework of the study, the author considers both theoretical and practical issues of the institute of suspension of employment relations. At the same time, the main attention is paid to the peculiarities of the suspension of employment contracts during the legal regime of martial law, as well as to the problems of implementing the right of employees to protection in case of violation of legal grounds for such suspension by employers. It is emphasized that for the legality of the suspension of the employment contract in the conditions of martial law, the simultaneous presence of several conditions is necessary, such as: 1) the fact of armed aggression and the existence of the legal regime of martial law; 2) absolute impossibility of providing work by the employer and performing work by the employee. At the same time, the lack of a relevant legal norm is the absence of a clear definition or at least signs of the impossibility of the parties to the employment contract fulfilling their obligations. It has been proven that the labour legislation should not only clearly state the conditions and procedure for suspending the employment contract, but also establish the employer's financial responsibility to the employee in the form of average earnings for forced absenteeism in the event that such suspension is recognized as illegal. In particular, in the case of the cancellation of the suspension of the employment contract by the court in connection with the employer's violation of the labor legislation when it was issued (for example, the suspension of the employment contract was introduced at the initiative of the employer without sufficient grounds for this), the implementation of the right to protect the violated rights of the employee should include not only the cancellation of the order and the restoration of the employment contract, but also the reimbursement by the employer of the average earnings during the period of forced absenteeism, by analogy with Article 235 of the Labor Code of Ukraine, according to the second part of which, when making a decision on reinstatement, the body that considers a labor dispute simultaneously takes decision to pay the employee the average salary for the period of forced absenteeism.
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Lu, Fang Hua. "Protection of Laborers Occupational Safety Rights from the Perspective of Human Rights Law." Advanced Materials Research 1073-1076 (December 2014): 408–11. http://dx.doi.org/10.4028/www.scientific.net/amr.1073-1076.408.
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As a basic human right, occupational safety rights have already drew attention all over the world. A series of significant law system, such as the labor law, safety production law, law of Prevention and Control of Occupational Diseases etc, involve the protection of occupational safety rights. But as a member of the International Labor Organization, protecting system for the occupational safety rights in China face a series of problems, such as coverage narrow, low damages, weak awareness of human rights protection, lack of systemic laws and regulations. Thus, it needs to be perfected by speeding up legislation process for occupational safety rights protection, enhancing the enforcement of law, stable labor relations, creating a favorable environment for market economy development in China. Besides, on the point of the force of law, we should optimize the operability of the occupational safety rights protection legislation system from the labor law, safety production law, law of Prevention and Control of Occupational Diseases.
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Ramankulov, К. S. "Precarious Employment Trend: Features of its Development in Labor Legislation and the Problems of Other Norms of Industry Affiliation Influence on the World of Work, Taking into Account International Labor Standards." Actual Problems of Russian Law, no. 9 (October 5, 2019): 153–65. http://dx.doi.org/10.17803/1994-1471.2019.106.9.153-165.
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The paper notes that the conceptualization of the basic concepts related to precarious employment and the adoption of norms and legal acts adequate to these relations in the system of labor legislation of the states of the Eurasian Economic Union (EAEU) are at the preparatory stages. In the paper, the features of the manifestation of precarious employment in the labor legislation of the EAEU countries are analyzed by the example of norms on a fixed-term labor contract taking into account international labor standards. The labor legislation of the EAEU countries shows a tendency to expand the scope of fixed-term employment contracts, including towards lowering the level of legal guarantees for workers (Article 41 of the Labor Code of Belarus, Article 30 of the Labor Code of Kazakhstan, Article 82 of the Labor Code of Kyrgyzstan, Article 348.12 of the Labor Code of Russia), which contradicts the rules of ILO Recommendation No. 166 on the termination of labor relations on the initiative of the employer (Article 3) and the fundamental Convention No. 105 on the abolition of forced labor (Article 1), ratified by all states of the Eurasian Economic Union. In the paper, in the context of the development of precarious employment, the problems of the influence of norms of a different sectoral affiliation on the world of work are analyzed (by the example of Kyrgyzstan). It is noted, in particular, that the practice of applying the patent system to regulate the world of work does not contribute to resolving the issues of legalization of labor relations, and the tax authorities are not motivated to prove the existence of labor rather than civil law relations, even when they meet the criteria set forth in the ILO Recommendation No. 198 on labor relations and in Art. 13 of the Labor Code of Kyrgyzstan. The conclusion is formulated in relation to the restrictions of the labor inspectorates established by the Law of the Kyrgyz Republic dated May 25, 2007 No. 72 and by the Decree of the Government of the Kyrgyz Republic dated December 17, 2018 No. 586 as contrary to the ILO priority Convention No. 81 on labor inspection in industry and trade (Part 1 of Article 12) ratified by Kyrgyzstan. Serious inconsistencies of measures to deregulate administrative responsibility to the tasks of the labor legislation of Kyrgyzstan to counteract precarious employment are identified.
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Izbienova, T. A., A. B. Vaiman, and S. M. Sagitov. "Features of legal regulation of labor in the member states of the Eurasian Economic Union." SHS Web of Conferences 128 (2021): 06010. http://dx.doi.org/10.1051/shsconf/202112806010.
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In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.
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Bagirova, Ganna. "LEGISLATION OF THE SOCIAL AND LEGAL STATUS OF SELF-EMPLOYED PERSONS IN UKRAINE." Journal of International Legal Communication 1 (June 29, 2021): 31–39. http://dx.doi.org/10.32612/uw.27201643.2021.1.pp.31-39.
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Nowadays in countries with developed industry, there is a marked shift from formal to informal employment. In this context, the impact of self-employment on the development of the state should be one of the topical issues in the debate on employment policy. Due to the development of the platform economy, self-employment is developing as the main or additional source of income. The development of Ukraine as a socially oriented state governed by the rule of law is determined by the level of development of all state spheres, including self-employment of the population of state institutions, including the institution of personal income taxation. As of today, in countries with developed industry, there is a marked shift from formal to informal employment. In this context, the impact of self-employment on the development of the state should be one of the topical issues in the debate on employment policy. Due to the development of the platform economy, self-employment is developing as the main or additional source of income. The development of Ukraine as a socially oriented state governed by the rule of law is determined by the level of development of all state spheres, including self-employment of the population of state institutions, including the institution of personal income taxation. It was emphasized that the above-mentioned provisions of international legal acts became the basis for consolidation of the principles of labor freedom and the prohibition of forced labor in the Constitution of Ukraine. In turn, these constitutional principles are the normative and legal basis for the consolidation of the principle of freedom of labor agreement within the framework of labor law. It has been established that the establishment in the national legislation of the principle of freedom of the labor contract should enable an employed person and an employer who exercises the right to recruit staff to determine the working conditions that are most appropriate for them. The terms of the employment contract should not be burdensome for their parties and disturb. In such situations, the legislator prefers social rather than economic rights, since social law is more closely connected with the natural right of a person to life and freedom and security.
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Mendzhul, M., and A. Kalko. "Сertain problems of implementing the right to work under martial law." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 168–71. http://dx.doi.org/10.24144/2788-6018.2022.05.30.
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The article examines certain problems of implementing the right to work under martial law. The doctrinal approaches to the understanding of the right to work, the systems of labor rights are analyzed, and the peculiarities of the regulation of labor relations introduced under the conditions of martial law in Ukraine are clarified. It is justified that the constitutional right to work can be and is limited in wartime conditions.
It has been proven that in Ukraine there was a timely response to the need for changes in the regulation of labor relations, which was done by adopting a special law "On the organization of labor relations under martial law". The provisions of the specified law allow more flexible regulation of labor relations, new norms have been introduced (for example, suspension of the employment contract), a number of guarantees are provided for the employee (the possibility of terminating the contract within the period specified in the application, etc.) and the employer (the possibility of dismissing the employee even during his temporary disability, etc.). Considering the fact that the war continues, amendments and additions were already made to this law in July, and obviously its provisions need to be improved, including for the proper protection of the rights of workers in the conditions of martial law.
Losses to the economy and the labor market in Ukraine, approaches and forecasts of experts to the prospects of restoring the level of employment in Ukraine after the war were also analyzed. Empirical data on the issues of appeals for legal assistance of employees have been studied. It has been established that the loss of jobs and employment guarantees are key problems for millions of Ukrainians.
Particular attention within the framework of the study is devoted to the analysis of the issue of freedom of labor in the conditions of martial law, when forced involvement in certain types of work is possible. In addition, the institution of suspension of the employment contract, under which a forced temporary termination of the employment contract takes place, has been carefully analyzed. The need to amend the labor legislation to guarantee employees the right to cancel the suspension of the employment contract is substantiated.
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Djorobekova, A., A. Khamzin, A. Boretskiy, and Sh Fayziev. "Labour migration and forced labour in the context of economic integration: new challenges and realities: statement of the problem." Bulletin of the Innovative University of Eurasia 80, no. 4 (December 25, 2020): 56–61. http://dx.doi.org/10.37788/2020-4/56-61.
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Main problem:The main idea of this study is the development of proposals for improving the legislation of the Republic of Kazakhstan, as well as the regulatory framework of the Eurasian Economic Union, taking into account the experience of the European Union countries (as the largest integration association), towards the further development of the legal framework for cooperation in the social-labor sphere, as well as improving the integration and migration policy of the Eurasian Economic Union countries in general, and the Republic of Kazakhstan, in particular. In addition, this study intends to develop practical recommendations aimed at improving the activities of the law enforcement agencies of the Republic of Kazakhstan, as well as the EAEU countries, in the field of combating illegal migration and forced labor on the territory of this integration association. Moreover, this project suggests the legal promotion of the results obtained, both on the territory of the EAEU and beyond. Purpose: The aim of the study. To develop proposals for improving the legislation of the Republic of Kazakhstan and the EAEU countries in the field of legal regulation of labour migration and counteracting its negative consequences such as illegal migration, forced labour in the territory of this integration association. Methods: The methodological basis of the study is made up of traditional general scientific and special legal methods used in comparative jurisprudence: system-structural, historical-legal, social-legal and comparative-legal. Results and their significance:All of the above testifies to the relevance and necessity of research in the framework of this study, since its implementation, taking into account the expected results, will further improve the regulatory framework in the field of combating illegal migration, human trafficking and other illegal manifestations resulting from insufficient regulation of the labour migration sphere.
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Brovkina, Alexandra, Victor Vezlomtsev, Svetlana Zakharova, Olga Shuranova, and Yuri Truntsevsky. "System of criminal penalties of Russian federation: legal regulation and sentencing practice." E3S Web of Conferences 135 (2019): 04066. http://dx.doi.org/10.1051/e3sconf/201913504066.
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The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.
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Oliinyk, O. "On the issue of resolving labor disputes in court." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 191–95. http://dx.doi.org/10.24144/2307-3322.2022.70.28.
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The article, based on the analysis of scientific views of scientists and current legislation of Ukraine, considers the current state of legal regulation of labor disputes in court, as there are many issues related to determining the jurisdiction of the court in such disputes. Because the current state of legal regulation of the procedure for consideration and resolution of labor disputes in court does not fully meet the requirements of real protection of participants in labor relations, and especially the employee. Therefore, effective legal mechanisms are needed for labor disputes to be resolved by a competent jurisdiction in strict accordance with the law, based on the established facts of the case. Attention is drawn to the importance of the Supreme Court’s legal position in resolving labor disputes, as the current Labor Code of Ukraine, as well as the state of all labor legislation in Ukraine, is outdated, not fully consistent with modern and dynamic labor relations. Due to the legal positions of the Supreme Court, gaps in labor law are filled, a single national case law is formed, as it is important to protect both sides of labor relations - employer and employee, to maintain an equal balance of protection of their interests in a market economy. It was noted that issues related to the resolution of labor disputes related to the determination of court jurisdiction could have been avoided if the current labor legislation of Ukraine was not deprived of a special rule that would regulate issues of judicial jurisdiction. Therefore, the new Labor Code of Ukraine should take into account the case law of the European Court of Human Rights and specialized (labor) courts of the European Union to regulate the issue of judicial jurisdiction, providing a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction. protection of labor rights.
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Коростылёва, Ольга Васильевна. "From the bureau of forced labor to the criminal-executive inspections." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 149–56. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/149-156.
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В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.
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Остапенко, Ю. О. "ATYPTIVE EMPLOYMENT AS A SPECIAL PROBLEM REALIZATION OF EMPLOYEES 'LABOR RIGHTS." Juridical science 2, no. 4(106) (April 3, 2020): 262–68. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.32.
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The article focuses on the formulation of a generalized scientific thought related to atypical employment as a special problem in the context of the employees’ labor rights implementation in Ukraine. On the basis of the current positions of Ukrainian and foreign scientists towards understanding the essence of atypical employment, the understanding of this phenomenon is determined as a labor relationship, not prohibited or provided by legislation, between an employer and a person employed in the world of labor in an atypical way (atypical employee), based on an atypical employment contract. The author analyzes the scientists’ arguments in favor of the use of employment non-standard types and the proofs for the harmfulness of such employment for employees to exercise their labor rights. Based on the assessment of the actual practice of atypical employees’ labor activity and scientists’ thoughts, the position is argued according to which atypical employment causes the following problems for atypical employees to exercise their labor rights: this employment develops and transforms in accordance with the needs of the market, for which the labor legislation cannot keep up changes; this employment creates many forms of employment that are not regulated by law or are, in practice, such that the parties to these relations resort them as circumstances that are regulated by civil or economic legislation. The conclusions to the article summarize the research results. It is determined that atypical employment is an objectively forced deviation from the general standards set by the legislator regarding the organization of working hours, workplace and working conditions, due to the special needs of the employer (employers) and the atypical employee. However, in conditions of high competition in the modern labor market, which is exacerbated by various socio-economic crises, which also affect the solvency of the employer, flexible employment is not always equally based on the needs of employer and employee. Wanting to get a job or stay in the workplace, workers are often forced under pressure from the employer to give up standard employment, thus depriving them of a number of labor rights and opportunities to exercise them.
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Андрейцо, Сергей Юрьевич, and Мария Михайловна Соболева. "Ways to Improve Protection of Certain Groups of Foreign Nationals: Labour, Forced and Illegal Migrants." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 3 (October 15, 2021): 34–41. http://dx.doi.org/10.26163/gief.2021.54.57.005.
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В статье рассматривается проблема защиты прав и свобод иностранных граждан в Российской Федерации применимо к таким категориям, как вынужденная, трудовая, незаконная миграция. Анализируется эффективность реализации миграционной политики в отношении указанных групп, даются рекомендации по совершенствованию действующего законодательства, а также правоприменительной практики. We look at the problems of the protection of the rights and freedoms of foreign nationals in the Russian Federation as far as forced, labor and illegal migration are concerned. The effectiveness of the implementation of migration policy in relation to these groups is analyzed, recommendations are offered on how to improve the existing legislation as well as law enforcement practices.
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Чернышенко, Евгения Валериевна. "Organizational and legal aspects of the execution of criminal punishment in the form of forced labor." Vedomosti (Knowledge) of the Penal System, no. 7(242) (August 8, 2022): 10–17. http://dx.doi.org/10.51522/2307-0382-2022-242-7-10-17.
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Актуальность темы исследования заключается в постоянно расширяющейся практике применения такого вида наказания, как принудительные работы, и в возникновении новых проблем, связанных с процессом его исполнения. Правоприменительная практика складывается так, что отсутствие должным образом урегулированных вопросов реализации принудительных работ приводит к разногласиям в деятельности учреждений и органов ФСИН России, а также органов, осуществляющих контроль и надзор за ними. В статье сформулированы основные проблемы, связанные с нормативным регулированием процесса исполнения принудительных работ, условий отбывания наказания, трудоустройства, применения мер стимулирования правопослушного поведения. Обозначенные проблемы обусловили выработку цели исследования, которая заключалась во всестороннем анализе возникающих проблем в процессе исполнения принудительных работ и формулировании предложений по их устранению. Методологическую основу исследования составили анализ, синтез, индукция, формально-логический методы. В результате проведенной работы проанализированы нормы отечественного законодательства, регламентирующие вопросы исполнения принудительных работ, а также сформулированы отдельные предложения по их совершенствованию. Сделаны выводы о необходимости приведения в соответствие норм уголовно-исполнительного и трудового права в части, касающейся предоставления отпуска осужденным, отбывающим принудительные работы; нормативного закрепления права осужденных рассматриваемой категории на получение общего образования; создания на территории исправительных центров различных условий отбывания наказания с целью стимулирования правопослушного поведения; нормативного урегулирования вопросов, связанных с порядком водворения осужденных к принудительным работам в помещения для нарушителей. Полученные результаты позволят устранить существующие в правовом регулировании противоречия, а также предупредить и разрешить складывающиеся по указанным направлениям проблемы в практике исполнения принудительных работ. The relevance of the research topic lies in the ever-expanding practice of applying this type of punishment as forced labor and in the emergence of new problems associated with the process of its execution. Law enforcement practice develops in such a way that the lack of properly regulated issues of the implementation of forced labor leads to disagreements in the activities of institutions and bodies of the Federal Penitentiary Service of Russia, as well as bodies exercising control and supervision over them. The article formulates the main problems associated with the normative regulation of the process of performing forced labor, the conditions for serving a sentence, employment, and the use of measures to stimulate law-abiding behavior. The identified problems led to the development of the purpose of the study, which consisted in a comprehensive analysis of the problems that arise in the process of performing forced labor and formulating proposals for their elimination. The methodological basis of the study was analysis, synthesis, induction, formal-logical methods. As a result of the work carried out, the norms of domestic legislation regulating the issues of the execution of forced labor were analyzed, and separate proposals for their improvement were formulated. The authors conclude that there’s need to harmonize the norms of penitentiary and labor law in terms of granting leave to convicts serving forced labor; normative consolidation of the right of convicts of the category under consideration to receive general education; creating various conditions for serving sentences on the territory of correctional centers in order to stimulate law-abiding behavior; normative settlement of issues related to the procedure for placing convicts sentenced to forced labor in premises for violators. The results obtained will allow us to eliminate the contradictions existing in the legal regulation, as well as to prevent and resolve the problems emerging in these areas in the practice of performing forced labor.
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Ladauskas, S. V., and N. V. Sorokina. "PROFESSIONAL STANDARDS: SPECIFICS OF IMPLEMENTATION IN THE RUSSIAN FEDERATION." Scientific bulletin of the Southern Institute of Management, no. 2 (June 30, 2017): 51–56. http://dx.doi.org/10.31775/2305-3100-2017-2-51-56.
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Currently at the forefront in the development of labour legislation beyond the introduction of professional standards, namely directly regulatory, information provision and decision of issues of legal regulation, improvement of the existing system of qualification requirements to the employees about what will be discussed in this scientific article. Due to the fact that Russian labour legislation does not contain many of the concepts, terms, procedural provisions and the order of introduction of qualification requirements for employees upon hiring, determining work func tions and stuff that is hampering the implementation of main goals and tasks of labour legislation. From July 2016 in Russia, the time has come for professional standards, entered into force article 195.1-195.3 of the Labor code governing the professional standards of the Ministry of labor of Russia (Federal law No. 122-FZ of 2.05.2015). From that time the workers have to regularly confirm their professional satisfaction. In the existing handbooks and the literature requirements for workers is often inaccurate and infrequently updated, and it directly is an important gap to resolve which applied to professional standards, detail of which will be discussed in this scientific article.
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Pisarczyk, Łukasz. "Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5827.
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Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection of employee interests (e.g. collective redundancies, transfer of undertaking). As a rule, they reflect basic protective standards determined at the European level. There are, however, some lesser problems that weaken the effect intended by EU legislation. Nonetheless, implementation of European standards has contributed to the development of industrial relations and protection of workers.
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Sych, Konstantin, and Vladimir Sych. "Environmental crime and influence of socio-economic factors on the development of punishment system." E3S Web of Conferences 244 (2021): 12022. http://dx.doi.org/10.1051/e3sconf/202124412022.
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The institution of criminal punishment is a part of the statelegal mechanism of coercive influence on the population to stimulate lawabiding behavior and prevent law violation. The history of Russian criminal law contains more than a thousand years of experience in consolidating this institution of criminal law. At different stages of state development, the system of punishments and other measures of a criminal law nature had significant differences due to various socio-economic, political, historical and other factors. Structural analysis of punishment system of Russian state at different stages of its existence indicates that socio-economic factors affecting the state structure and state policy have a huge impact, both on the construction of punishment system and on its direct implementation. In particular, technological development of society, development of transport system, the need for cheap labor during construction, the general level of development of social relations led to the inclusion of new types of punishments in the legislation or changes in those acting under specific socio-economic conditions (reference to remote settlements, use of forced labor prisoners during construction, etc.).
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Terela, Halyna. "Trends and prospects for improving legal regulation of supervision and control of compliance with labor law." ScienceRise: Juridical Science, no. 4(22) (December 30, 2022): 24–32. http://dx.doi.org/10.15587/2523-4153.2022.269019.
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The purpose of the article is to study trends in the development of labor law in general and the supervision and control of compliance with labor law, in particular, in order to outline the directions for improving the legal regulation of the named institute. To achieve this goal, we have defined the following tasks: to reveal the essence of the institutionalization at the international level of the concept of decent work and prospects for enshrining the right to decent work in national labor law; to find out the state of implementation of international and European standards in the field of supervision and control over compliance with labor law into national legislation; to characterize the peculiarities of the implementation of supervision and control measures in conditions of martial law; to formulate proposals for improvement legal regulation of supervision and control over compliance with labor legislation. During the research, both general (dialectical) and general scientific (analysis and synthesis), as well as special legal research methods (hermeneutic, prognostic), which are based on the requirement of a comprehensive analysis of political and legal phenomena, were used. Their totality made it possible to determine that the improvement of legal regulation of supervision and control in Ukraine is taking place in the direction of consistent approximation of the national legal framework for ensuring safe, healthy and dignified work to international and European standards. This is especially important due to the fact that the development of the labor market will be one of the urgent needs of post-war reconstruction, and the main condition for the return of refugees to Ukraine and the reduction of external labor migration may be the provision of decent working conditions. In the draft of the new Labor Code of Ukraine, one of the main principles of regulating labor relations should be enshrined "ensuring the employee's right to decent working conditions". A promising direction for determining at the legislative level the legal status for labor inspectors and the procedure for conducting inspection visits is the development of the draft Law "On Labor Inspection", which will make it possible to implement the requirements of ILO Conventions No. 81 and No. 129, avoid the regulation of supervision and control measures in the field of labor by various legal regulations acts of equal legal force to implement the principle of legal certainty
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Rodionov, Aleksei. "Review of Yu. A. Kashuba’s monograph “Suspended sentence (release) with mandatory involvement in labor” under the scientific editorship of the laureate of the Government of the Russian Federation in the field of science and technology, PhD (Law), ScD (Economics), Professor N. D. Eriashvili." International penitentiary journal 1, no. 3 (December 31, 2019): 197–200. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).3.197-200.
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The article presents a review of a monograph on the problems of penal law “Suspended sentence (release) with mandatory involvement in labor”. The monograph was published in “UNITY-DANA: Law and Right” in 2018 ISBN 978-5-238-03062-3. The author is Yuriy Anatol’evich Kashuba, DSc (Law), Professor, professor of penal law department at the Academy of the Federal penitentiary service of Russia. The monograph is recommended for publication by the Research Institute of Education and Science, as well as the International Educational and Methodological center “Professional textbook”. The monograph is devoted to Institutes of probation with mandatory involvement in labor and conditional release from places of liberty deprivation with mandatory involvement of the convict in labor. These institutions were founded since the decrees adoption of the Supreme Soviet Presidium of the USSR “About parole from places of imprisonment for convicts, who have embarked on a way of correction, for work on constructions of national economy enterprises” (adopted on 20.03.1964), “About probation with mandatory involvement of convicted persons in labor” (adopted on 12.06.1970). After liquidation of the USSR, they were canceled in 1993. Later, the legislator introduced new types of punishment – restriction of freedom, and later – forced labor that borrowed many elements from probation with mandatory involvement in labor (Article 24.2 of the Criminal Code of the RSFSR) and parole with mandatory involvement of convicted persons in labor (Article 53.2 of the Criminal Code of the RSFSR). The monograph can be used in improving the norms of criminal, criminal procedural and penal legislation, in the activities of the Penal system, in the process of teaching criminal and penal law and other related disciplines.
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Fuchs, Maximilian. "The Bottom Line of European Labour Law (Part I)." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 2 (June 1, 2004): 155–76. http://dx.doi.org/10.54648/ijcl2004010.
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Abstract: When the Treaty of Rome came into force in 1958, nobody would have dared prognosticate such a dynamic development of the body of legislation which we today are accustomed to calling European Labour Law. It is well known that the Founding Fathers did not take the line of enhanced social policy on the European level and therefore assigned the area of labour law only a very limited role. But due to changes in the political and economic arena at the beginning of the 1970s, a social policy approach gained momentum which did not replace the dominant economic approach, but at least came alongside this model and had a strong impact on policy-making. It resulted in several pieces of legislation, the nature of which was mainly crisis management (Directives concerning employer insolvency, collective redundancies, transfer of undertakings). The further development of European Labour Law is characterized by this tension between economic and social requirements and this tension explains the ups and downs of European Labour Law. The need to balance economic and social necessities is mirrored also in the jurisprudence of the ECJ which in the shaping of European Labour Law has been of the utmost importance. The same is true for the activities of the European social partners who finally became part of the law-making process on the European level. The European Employment Strategy constitutes a new challenge for labour legislation which might be forced to give preference to reducing protection standards in order to reach higher employment levels. But so far the social rights approach – also adopted in the Charter of Fundamental Rights – seems to continue its influence.
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Красоткин, П. Н., and А. Н. ЛАСТОЧКИН. "On some issues of sending convicts to forced labor to a correctional center." Ius Publicum et Privatum, no. 4(14) (March 3, 2022): 64–68. http://dx.doi.org/10.46741/2713-2811-2021-4-64-68.
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В статье рассматривается порядок направления в исправительный центр (участок исправительного учреждения, функционирующий как исправительный центр) осужденных к принудительным работам. На основе исследования, проведенного в январе 2019 г., были выявлены такие проблемы организационно-правового характера, как неопределенность термина «уполномоченный работник», порядок направления сообщения о сроке прибытия осужденного в учреждение, особенности обеспечения осужденных денежными средствами на оплату проезда и продуктами питания на время проезда к месту дислокации учреждения, порядок оформления акта об отказе от получения предписания, сроки вручения предписания. Авторами внесены предложения по совершенствованию российского законодательства и правоприменительной практики The article discusses the procedure for sending convicts to forced labor to a correctional center (a section of a correctional institution that functions as a correctional center). On the basis of a study conducted in January 2019 such problems of an organizational and legal nature were identified as the ambiguity of the term "authorized employee", the procedure for sending a message about the time of arrival of the convict to the institution, the peculiarities of providing convicts with money to pay for travel and food for time of travel to the place of location of the institution, the procedure for issuing an act of refusal to receive an order, terms of delivery of the order. The authors made proposals for improving Russian legislation and law enforcement practice.
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ZAITCEVA, LARISA V., and TATYANA V. LUZINA. "LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
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The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
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Chudinovskikh, M. "Regulation of Telework in BRICS: Lessons from the Pandemic." BRICS Law Journal 9, no. 2 (July 14, 2022): 72–93. http://dx.doi.org/10.21684/2412-2343-2022-9-2-72-93.
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The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.
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Spasybo, Valentine. "Genesis of legal regulation of airport services in Ukraine." Legal Ukraine, no. 12 (December 19, 2019): 6–16. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-1.
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The study of the genesis of legal regulation of relations in the provision of airport services allows us to draw the following conclusions. Airport services and their legislative regulation are directly related to air transportation services. With the expansion of the scope of these services, airport services also developed. These types of services began to take shape in the early ХХ century and rapidly developed with the creation of a network of airports around the world, including in Ukraine. At the same time, legislative regulation was formed as a set of rules governing transportation, then legislation on the provision of services joined it. It was established that civil legislation on airport activities historically supplemented the legislation on air transportation, the main purpose of which was to comply with air safety guarantees. A peculiarity of the civil legislation of Ukraine governing the activities of airport services is that its basic norms are not contained in the Civil Code of Ukraine, but in the norms of other legislative and by-laws, primarily in the Air Code and the Aviation Rules of Ukraine, as well as in the administrative, economic, tax, labor, environmental, land and other branches of law. However, the core of this set of norms is precisely the rules of civil law, which allows you to regulate these relationships using the principles and methods of civil law and at the same time take into account the links between the various branches of legislation as elements of the system. It is concluded that the legislation of Ukraine on the provision of airport services should be developed in the process of its unification with EU directives, standards and recommended practices of the International Civil Aviation Organization, due to the global processes of the impact of globalization on these relations and international obligations undertaken by Ukraine. Key words: legal regulation, civil law relations, civil law, airport service, Air Code of Ukraine, Aviation Rules of Ukraine.
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Mykolenko, O. I., and О. M. Mykolenko. "CURRENT TRENDS IN THE SPHERE OF LEGAL RESPONSIBILITY OF PUBLIC SERVANTS, SERVICE LAW OF UKRAINE AND THEIR CRITICAL ANALYSIS." Constitutional State, no. 41 (March 17, 2021): 61–68. http://dx.doi.org/10.18524/2411-2054.2021.41.225582.
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The article provides a critical analysis of current trends in the sphere of legal liability of civil servants and the sphere of employment law of Ukraine. It is established that the inconsistency and incompleteness of the national legislation on public service has a negative impact on the effectiveness of legal liability of public servants. A small number of works in administrative law which, firstly, solve the conceptual problems of administrative law, and secondly, combine knowledge of the theory of law, the science of administrative law and the work of other branches of science. It is concluded that official law should be considered as an institution of administrative law, which has a cross-sectoral nature. The legal responsibility of public servants is a sub-institute of service law of Ukraine. The cross-sectoral nature of service law is due to the fact that today it combines the rules of administrative, constitutional, labor, civil and criminal law. It was found that the content of national legislation allows to distinguish the following types of legal liability of public servants: 1) disciplinary liability, which is regulated mainly by the rules of administrative law; 2) disciplinary liability, which is regulated by labor law; 3) administrative liability, which is regulated by the rules of administrative tort law; 4) material liability, which today is partially regulated by the rules of administrative law (we are talking about the procedure for voluntary compensation for material damage) and mainly by the rules of civil law (we are talking about the procedure for forced compensation for material damage); 5) criminal liability, which is provided by the norms of criminal and criminal procedural legislation. It is established that the legal liability of public servants can only be retrospective, that is, used only for the commission of illegal acts by these employees. Arguments are given regarding the lack of positive responsibility of public servants. The use of this concept in the scientific literature is due only to the reluctance of scientists to break away from the archaic ideas about the structure of the rule of law, legal sanctions and incentives.
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Квасников, Е. С. "THE EVOLUTION OF CRIMINAL LAW PROTECTION OF SAFE LABOR: PREREQUISITES, STAGES OF DEVELOPMENT, WAYS OF IMPROVEMENT." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 1(100) (March 31, 2022): 108–18. http://dx.doi.org/10.55001/2312-3184.2022.94.90.010.
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Введение: в статье рассматриваются законодательные и научные аспекты эволюции безопасного труда и его уголовно-правовой охраны. Приводятся основные этапы развития идей о безопасности в труде, предпосылки признания права на охрану труда в качестве конституционного, история развития уголовно-правового противодействия нарушениям требований охраны труда.Материалы и методы: нормативную основу исследования образуют Конституция Российской Федерации, российское уголовное законодательство. Методологической основой исследования послужил общий диалектический метод научного познания, носящий универсальный характер, исторический метод, а также методы логической дедукции, индукции, познавательные методы и приемы наблюдения, сравнения, анализа, обобщения и описания.Результаты исследования позволили определить закономерность развития уголовно-правовой нормы на конкретных этапах в зависимости от состояния экономики страны; политических и социальных условий в государстве; форм трудовых отношений внутри предприятий, организаций.Выводы и заключения: анализ истории развития норм об уголовной ответственности за нарушение требований охраны труда в законодательных актах России показал обусловленность стремления законодателя на разных этапах адаптировать уголовное законодательство под существующие реалии. Вместе с тем, ввиду трансформации характера труда в настоящее время, перед законодателем стоит задача совершенствования уголовного законодательства об ответственности за нарушение требований охраны труда. Introduction: the article discusses the legislative and scientific aspects of the evolution of safe work and its criminal legal protection. The main stages of the development of ideas about safety at work, the prerequisites for recognizing the right to labor protection as constitutional, the history of the development of criminal law counteraction to violations of labor protection requirements are given.Materials and methods: the normative basis of the study is formed by the Constitution of the Russian Federation, criminal legislation. The methodological basis of the research was the general dialectical method of scientific cognition, which has a universal character, the historical method, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description.The results of the study: allowed us to determine the patterns of development of criminal law norms at specific stages, depending on the state of the country’s economy; political and social conditions in the state; forms of labor relations within enterprises, organizations.Findings and Conclusions: the analysis of the history of the development of norms on criminal liability for violation of labor protection requirements in the legislative acts of Russia has shown the conditionality of the desire of the legislator at different stages to adapt criminal legislation to the existing realities. At the same time, due to the transformation of the nature of work at the present time, the legislator faces the task of improving the criminal legislation on liability for violation of labor protection requirements.
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Fedorchuk, A. "PROOVING IN CASES OF DISCRIMINATION IN THE FIELD OF LABOUR." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 59–63. http://dx.doi.org/10.17721/1728-2195/2020/5.115-12.
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This article reveals the particularities of proof in cases of discrimination in the field of labour. On the basis of the analyzed special literature, legislation in force, international labour standards and positive legislative experience of foreign countries, specific proposals and recommendations on the improvement of proof mechanisms are made. Special attention is paid to the shift of the burden of proof and the formation of the "presumption of discrimination" concept, saying that in certain cases, when there is evidence prima facie justifying the allegations, the burden of proving the absence of discrimination can be shifted to the employer. It is determined that in order to recognize the fact of discrimination, it is first necessary to establish two circumstances. First, there is the difference in attitude towards employees. Second, this distinction must be based on prohibited features. The case law of the European Court of Human Rights on discrimination in the field of labor is analyzed and the main positions of the court on establishing the fact of discrimination are highlighted. Types of evidence in cases of discrimination in the field of labor are considered. In cases of discrimination, written evi- dence, testimony of witnesses, physical evidence, expert opinions, etc. are used. The list of admissible types of evidence may vary from country to country. To solve this problem, it is proposed to expand the range of admissible types of evidence (testing, statistics, audio and video recordings, questionnaires). Requirements for the conditions of admissibility of evidence in cases of discrimination in the field of labor are proposed. Special attention is paid to the position of the European Court of Justice. The article also describes the national mechanism for proving discrimination in the field of labor. It is also proposed to amend national legislation to improve the mechanism for proving discrimination.
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Belozerova, K. A. "Conditionality of the application of certain labor law norms to regulate the work of foreign workers." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 137, no. 4 (2021): 110–22. http://dx.doi.org/10.32523/2616-6844-2021-137-4-110-122.
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The article under consideration, using the example of the labor legislation of the Russian Federation, describes the procedure for applying certain provisions of regulatory legal acts to regulate the work of employees who are foreign citizens and stateless persons, in cases where the application of such norms involves administrative procedures, including those in force in the state of the employer for foreign citizens and stateless persons. As part of the consideration of this issue, the impact of administrative procedures, primarily provided for in the Russian Federation by migration legislation and legislation on the legal status of foreign citizens and stateless persons, on the application of labor law norms, the impact of the status of a foreign citizen and a stateless person on the mechanism of action of labor law norms, the achievement of the goals of their application is determined. Based on the analysis, it is concluded that their actions are conditional in relation to employees who are foreign citizens and stateless persons, and in some cases, the creation of prerequisites for discrimination by such a mechanism of action both in relation to a special category of employees and in relation to employees who are Russian citizens. In some cases, the regulatory regulation provided for by the legislation of the Republic of Kazakhstan is considered as a more successful option of adaptation within the framework of the implementation of administrative procedures of the legal status of a foreign citizen to the status of an employee.
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Jovanovic, Marija. "The Essence of Slavery: Exploitation in Human Rights Law." Human Rights Law Review 20, no. 4 (September 1, 2020): 674–703. http://dx.doi.org/10.1093/hrlr/ngaa023.
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Abstract The modern slavery discourse has brought attention to the idea of ‘human exploitation’, which underpins a range of practices comprised by this popular umbrella term. Despite its extensive use, the concept of exploitation has never been defined in international law. This article articulates the necessary and sufficient conditions for the notion of exploitation in the context of the human rights prohibition against slavery, servitude, forced or compulsory labour and human trafficking. This is done by examining international legislation, jurisprudence and the philosophical discussions of this concept. Articulating the parameters of exploitation sets firm boundaries of this right while leaving enough room for its further refinement in light of the new and emerging forms of modern slavery. Such analysis is a pioneering effort at elucidating the theoretical foundations of the prohibition of slavery, servitude, forced or compulsory labour and human trafficking.
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Seifert, Achim. "Compensation for Forced Labour During World War II in Nazi Germany." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 4 (December 1, 2001): 473–88. http://dx.doi.org/10.54648/394556.
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55 years after the end of World War II and after long and difficult negotiations with victims' organizations, the German Parliament passed the ‘Act Establishing the Foundation “Remembrance, Responsibility and Future”’ on 2 August 2000 which provides compensation payments for persons who were subjected to forced labour in the German war economy between 1939 and 1945. With this new legislation, a long debate that began at the end of World War II, is finally coming to an end. This article outlines the different steps in the compensation debate and analyzes the new German compensation legislation of 2 August 2000.
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Solechan, Solechan. "Kebijakan Penguatan Kewajiban Alih Pengetahuan Tenaga Kerja Asing." Administrative Law and Governance Journal 1, no. 2 (August 8, 2018): 196–205. http://dx.doi.org/10.14710/alj.v1i2.196-205.
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This study aims to find out the policy of transfer of knowledge of foreign workers in Indonesia. In addition, to know the policy of transfer of knowledge on the labor legislation law has guaranteed the implementation of knowledge transfer in the framework of the protection of Indonesian labor force. Research method in this research is legal research (legal research), that is by using library research data (library research), using statutory approach approach (statutory approach). The results showed that the transfer of knowledge has been regulated in the legislation in Indonesia. But the arrangement is still very general and sectoral. Keywords: Transfer of Knowledge, Manpower, Policy
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S. Boieva, Olena. "INSTITUTE OF LEGAL PROTECTION OF LABOR RIGHTS IN UKRAINE: GENESIS AND CURRENT STATE." Humanities & Social Sciences Reviews 7, no. 5 (October 24, 2019): 777–81. http://dx.doi.org/10.18510/hssr.2019.7597.
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Purpose: The explored issue seems to be urgent because the efficiency and accessibility of the system of social rights, especially to work and other related rights, become important among priorities of implementation of modern judicial and legal reform in Ukraine. The article is devoted to issues of formation and establishment of the institute of legal protection of labor rights by its separation at the legislative and law-enforcement level from the institute of labor rights protection which is bigger by scope and content. It is noted that knowing the genesis of the institute of legal protection of labor rights in Ukraine is an important step to improve the effectiveness of labor rights protection.
Methodology: General scientific research methods (the formalization, the analysis, and the modeling) and special-legal approaches (the historical and legal, the comparative and legal as well as the state legal modeling) are used.
Result: The need for the allocation of the industrial law legal assistance institute at a legislative and enforcement levels in the Ukrainian system of law is theoretically based. It is proved that such an allocation may be especially useful in practice while industrial dispute resolutions the standardization of which in Ukrainian legislation is insufficiently elaborated. It has been offered to make alterations in a current (or in a new draft) Labor Code of Ukraine, first of all, in the part of the number increase of legislative grounds for the reference to the court on the issue of industrial disputes.
Applications: The normative changes in the Labor Code of Ukraine offered by the author may be used by the domestic entities of the legislative leadership as well as by theorists in the sphere of labor code and by the management of the trade union associations as a basis for the preparation of corresponding drafts.
Novelty/Originality: The historical and legal genesis research of the industrial law legal assistance institute as an independent subject of the industrial law theory with the allocation and justification of its development periods in the history of domestic legal thought was carried out first in Ukrainian science literature. There were also elaborated, formed and theoretically confirmed the specific proposals on the normative changes in the Labor Code of Ukraine in the part of the individual and collective industrial disputed resolutions by means of the offered legal instruments of the industrial law legal assistance institute.
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Ramesh, Aditya. "Custom as Natural: Land, Water and Law in Colonial Madras." Studies in History 34, no. 1 (November 13, 2017): 29–47. http://dx.doi.org/10.1177/0257643017736402.
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In 1865, the Madras government enacted a legislation, the Irrigation Cess Act, designed to allow it to extract revenue from water as separate as that from land. However, as emphasized by many commentators, this pithy legislation was far from comprehensive in its definition of government powers over water. Faced with resolute opposition from zamindars to any further legislation that would centralize control over water resources as well as powers to levy fees over water use to the government, the Madras state was forced to confront zamindars in court over the interpretation of the Irrigation Cess Act. In 1917, the Privy Council, the highest court in the land, delivered a landmark judgement in resolution of a dispute between the Madras government and the Urlam zamindari. The Urlam case, this article argues, lends a new perspective to historiography on custom and the environment in colonial India. The Privy Council judgement rendered custom a physical, historically reified, and ‘natural’ quality, simultaneously within and outside the encounter between labour and nature.
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POLASCHEK, Rosa. "Responses to the Uyghur Crisis and the Implications for Business and Human Rights Legislation." Business and Human Rights Journal 6, no. 3 (October 2021): 567–75. http://dx.doi.org/10.1017/bhj.2021.44.
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As has now been well publicized, there is serious and credible evidence that Uyghur and other minority communities in China are being forced into internment or ‘re-education’ camps,1 with strong links to subsequent forced labour in factories, particularly centred in Xinjiang province.2 The use of forced labour (intimately connected to many international supply chains) as a hallmark feature of the Chinese state’s oppression of its Uyghur peoples requires a ‘business and human rights’ (BHR) lens to responses to the human rights violations in the region.
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Steele, Daiquiri. "Enduring Exclusion." Michigan Law Review, no. 120.8 (2022): 1667. http://dx.doi.org/10.36644/mlr.120.8.enduring.
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Economic justice has long been a part of the civil rights agenda, and minimum labor standards statutes play a crucial role in eradicating the exploitation and subordination of historically marginalized workers. While statutes establishing labor standards are characterized as “universal,” their effect has been anything but universal. Racial and ethnic minorities, women, and those at the intersection experience disproportionate violations of labor standards laws concerning minimum wage, overtime, and occupational safety and health. Through legislative maneuvering dating back to the New Deal era, Congress carved out many female workers and workers of color from core protections of minimum labor standards legislation. Due to the vigorous advocacy of civil rights groups, amendments to these statutes expanded coverage, making these statutes more inclusive of marginalized workers. Nevertheless, the exclusionary legacy of these New Deal era-laws lingers today. Black, Latinx, and female workers are more likely to be retaliated against for asserting rights or reporting employer misconduct pursuant to these statutes. Tracing the racial and gendered origins of exemptions to labor standards statutes from the early twentieth century to the present, this Article argues that, despite expanded coverage, female workers and workers of color remain largely excluded from “universal” workplace protections. Although antiworker forces previously sought to thwart creation of legal rights for marginalized workers, contemporary antiworker campaigns seek to gut marginalized workers’ protections through actual and threatened retaliation. Examination of the traditional rationales for employer retaliation reveals that the retaliation disparity is incongruent with these conventional motivations. This Article argues that securing compliance with both minimum labor standards and antiretaliation reform should be integral parts of the civil rights agenda.
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Лебедев, В., V. Lebedev, Е. Лебедева, and E. Lebedeva. "Firm and Employees: Relationship Mechanism is Being Improved." Scientific Research and Development. Economics of the Firm 6, no. 3 (October 4, 2017): 18–26. http://dx.doi.org/10.12737/article_59c10799e29b71.59626110.
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In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.