Labour Law in Russia: Recent Developments and New Challenges.
Russia’s transition towards a market economy in the early 1990s called for new approaches to the regulation of employment relations in the post-Soviet era in order to strike a balance between employers’ interests and employees’ rights in modern conditions. Adopted in 2001, the Labour Code of the Russian Federation (hereafter: LC RF) contributed to solving the issue only partly, for it was actually passed as a compromise between different political forces. As a result, it consists both of provisions which can be implemented in the new context of the market economy and restrictions inherited from a planned economy.
It soon became apparent that Russian employment legislation was in need of further development to adapt to ever-changing socio-economic conditions and the increasing complexity of the employer-employee relationship resulting from globalization and technological progress.
This state of affairs resulted in extensive amendments to the LC RF, in particular in 2006, when the majority of the provisions were profoundly revised. However, previous experience shows that many aspects concerning the legal regulation of employment relations are far from being addressed, not least compliance with international standards and practical needs at a national level.
In this special issue of the ADAPT Labour Studies BOOK-SERIES the authors try to achieve a twofold objective: rate recent developments of Russian labour law from a practical and a theoretical point of view and reveal its new challenges.
This paper offers an outline of the perception of “transnational employment relations” in a legal context. It will analyse various doctrinal and legislative approaches to the definition of the phenomenon, as well as the usage of the terms employed in its naming, its key characteristics and classifications. The author will reveal and explore the reasons for the problems that arise in the interpretation and legal regulation of the phenomenon, and will suggest some possible solutions to them.
The paper will analyse several terminological aspects of the terms used in descriptions of and references to employment relations which could be seen as falling under more than one legal order (jurisdiction). The paper will also aim to prove the hypothesis that, from a legal point of view, a transnational employment relation can be described (and differentiated from a regular “national” employment relation) through the presence of elements in which “transnationality” manifests itself and the number of such elements in a particular relationship. From this viewpoint, we can divide all transnational employment relations into two groups according to whether the “transnationality” of its elements is connected with one (simple relationship) or more (complex relationship) countries (legal orders) except the observer’s county (legal order).
 The term “transnational employment relations” in the title and the opening parts of the paper merely serves as a starting point for the study and a time/space saver to make references more compact. It should not be seen as an ideal or recommended naming of the phenomenon in question.