Некоторые вопросы применения трудового законодательства (анализ судебной практики)
The paper considers pressing problems in the labour legislation application on the basis of the court practice. The grounds for employment contract termination in the cases of the contracting partners’ mutual consent and of unsatisfactory results of probation are singled out. A particular attention is given to the guarantees for women whose employment contracts have been extended to the end of their pregnancy.
With a view to ensuring a follow up of the implementation of the Recommendation, the International Labour Office was instructed to assist constituents in developing national policies and setting up monitoring and implementing mechanisms, as well as to promote good practices at the national and international levels concerning the determination and use of employment relationships. In response to that decision, the International Labour Office, developed in 2007 an Annotated Guide to Recommendation No. 198 using the technical expertise of a group of experts from around the world which presented examples in law and practice on how the various aspects of the Recommendation were being dealt with in many countries in different regions. Over the recent years, there have been increasing developments at the European level regarding the employment relationship in legislation, case law, collective agreements and soft law. In this context, the ILO, and in particular the then Industrial and Employment Relations Department (DIALOGUE) undertook a strategic partnership with the European Labour Law Network (ELLN), a network of independent legal experts from all European Union Member States and European Economic Area countries, in order to produce an updated version of the 2007 annotated Guide with a specific focus on European countries. The European Labour Law Network was established in 2005 on initiative of Professors Guus Heerma van Voss (University of Leiden) and Bernd Waas (University of Frankfurt am Main), the latter being the editor of this Guide. The European Labour Law Network is comprised of non-governmental legal experts from all European Member States and the EEA countries. In December 2007, the European Labour Law Network signed a contract with the Directorate-General for Employment, Social Affairs and Inclusion of the European Commission in Brussels (formerly the Directorate-General for Employment, Social Affairs and Equal Opportunities) and, under the name ‘European Network of Legal Experts in the Field of Labour Law, dealing with both individual and collective rights/aspects’, became the European Commission’s official advisory board on issues relating to developments in individual and collective labour law. In this capacity, the Network has been conducting extensive research for the European Commission. Among other things, it produced a Thematic Report on the “Characteristics of the Employment Relationship” in 2009. This guide builds upon up-dated information analysed in that research project. (More information at: http://www.labourlawnetwork.eu). In summer 2013 International Labour Office approached Russian labour law scholars, - associate professors Elena Gerasimova (NRU HSE), Nikita Lyutov (MSAL, NRU HSE) and Daria Chernyaeva (NRU HSE), – with a suggestion to prepare a Russian translation of the Gude and to amend it with materials concerning the CIS countries.
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.
The monograph is focused on the analysis of current issues of legal regulation of employment probation in foreign countries. The need to find a balance between the interests of employees and employers is analyzed from the point of view of the balance of flexibility and rigidity of legal regulation of labour relations. Great importance is attached to the concept of personnel probation management, due to the fact that employment probation is considered as an important aspect of personnel evaluation abroad. In addition, both general and specific approaches of probation legal regulation are identified in employment law in different groups of countries. For researchers and professors, undergraduate and graduate students.
The article examines topical theoretical and practical issues of termination of employment agreement initiated by the employer under Article 81, part 1, para. 1 of the Labour Code of the Russian Federation, i.e. in case of dissolution of a company or cancellation of sole proprietorship.
Трудовой договор, расторжение, ликвидация организации, работник, employment agreement, Termination, company dissolution, employee