The article examines the issues of conformity of Russian occupational and health legislation to the corresponding international labour standards, namely, art. 2, para. 4 and art. 3 of the European Social Charter and ILO Conventions Nos. 120, 155 and 187.
Conclusions are drawn about the inadequacy of system of penalties for the employers’ breaches of the occupational safety and health requirements, as well as about the insufficient protection of workers for filing the complaints in cases of employers’ breaches on the matter.
The newly adopted federal laws Nos. 421-FZ and 426-FZ are considered to be not in conformity with the international labour standards on occupational safety and health in several issues. These include: the possibility not to reduce the working time and not to provide the additional leaves to workers employed at harmful and dangerous work; the limitation of categories of workers entitled to shortened working time and additional leaves; the exclusion of certain categories of workers from the scope of application of the special assessment of working conditions procedure.
The article deals with different historical and social context of employment discrimination in Russia and foreign countries. Certain difficulties concerning legal definition discrimination concept, excessive application of anti-discrimination legislation and burden of proof of discrimination are analyzed.
The article makes an attempt to analyze the present situation with legal regulation of labor relations of labor relations in connection with numerous opinions regarding necessity of cardinal change of mechanism of such regulation.
in the article the author covers the socio-legal aspects of organization of vocational training and additional professional education of unemployed and unoccupied citizens in the system of bodies of the state employment service and examines some examples of law enforcement practice
The article deals with the research of norms which influence the development and formation of the Main Institution of the General Part of social security law.
The article examines Russian legislation associated with the prevention of corruption crimes in the field of trade unions’ activity. Certain basic issues of Russian law in this area are discussed by the author. Number of shortcomings of legislation that deal with conflict of interests of trade union officials and trade union members in Russia were shown. Such shortcomings include the absence of prohibition to combine the positions of chief executive officer of the company and the head of plant union, the lack of norms regulating relations between trade unions and their members, including the establishment of mutual rights and obligations, and norms on trade union democracy such as the norms on the election of trade union officials, and certain others.
The problems of attracting teachers from the teaching employees, who hold position of faculty member of higher educational institutions to disciplinary responsibility are analyzed. This practice has been growing in recent years. The problems of applying such a basis of disciplinary responsibility as a gross violation of the charter of an educational organization are considered. The conclusion is made about the expediency of fixing in the rules a uniform list of gross violations. Significant problems in regulating working schedule and determining the workplace of university teachers in connection with the performance of their job duties, not related to academic work, have been revealed.
The article examines the unconformity of Russian legislation concerning the notice of employment contract termination to art. 4, para. 4 of the European Social Charter. Furthermore, Russian case-law on compensation of moral damages to wrongfully dismissed employees is found to be not in conformity with the requirements of art. 24 of the Charter. Different approaches to improvement of the situation are being explored. The analysis of perspectives of ratification of the ILO termination of employment Convention (No. 158) is made.