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  • Некоторые вопросы правового регулирования срочных трудовых договоров в странах Ассоциации государств Юго-Восточной Азии (АСЕАН)

Article

Некоторые вопросы правового регулирования срочных трудовых договоров в странах Ассоциации государств Юго-Восточной Азии (АСЕАН)

Батусова Е. С.
An article draws attention to the problems of legal regulation in the countries of the Association of South-East Asia. Legal regulation of fixed-term contracts has signs of general and special. The total is determined by the presence of similar problems in the sphere of legal regulation of this type of employment contract, as well as attempts to find common interests of employees and employers in terms of economic development needs of the countries in the discussed theme. Peculiarities determine the presence of a sufficiently well-coordinated system of national labor laws. Analysis of the labor legislation in ASEAN countries on this issue shows that in these countries there are two models of legal regulation of fixed-term contracts. A criterion of distinguishing between these models is the ratio of flexibility and rigidity of the legal regulation of fixed-term employment relationships. Rigidity means an emphasis on government regulation, when the scope of the legal regulation of fixed-term contracts are clearly defined in national legislation, in this case, an absolute priority is given to the interests of employees, that are above the interests of the employer. Flexibility of legal regulation means, first of all, the contractual method is absolute, which involves the priority of interests over the interests of the employer of the employee.