Актуальная судебная практика по трудовому законодательству
The manual combines the current judicial practice, guiding instructions of the Plenum ofthe Supreme Court, reviews the legal positions of the Constitutional Court of the Russian Federation and the Russian Federation Supreme Court's controversial and most difficult issues of labor law. The manual is intended for law faculties of universities students and teachers, for the heads of the organizations and individual entrepreneurs, managers and specialists of legal and personnel services, as well as all those studying the development of the labor legislation of the Russian Federation.
The grounds for dismissal of employees by the employer in the RF LC are not entirely correct. That creates problems of different interpretations of actors. The dismissal is lawful if the order of dismissal is correct. The order sometime is not fully fixed in the RF LC, that is the reason why it is differently defines. The article describes the problems of the legislative establishment of the order of dismissal by the employer for violation of labor discipline. The article stresses on the legislative shortcomings in determinations the order of disciplinary procedure and the incompleteness of the reflection a special order of dismissal in it, which is predetermined by the wording of the dismissal ground. The author suggests the improvement of an order of dismissal for labor discipline violation.
Comments are done for the judicial practice
Non-standard employment contracts are not a new phenomenon for the Russian labor market and being increasingly used by Russian enterprises. But their importance to the economy, the impact on employment and wages are still unclear. The positive effect of non-standard employment contracts can be seen in increasing a probability of escaping from the unemployment, in rising a number of employees, and enhancing a probability of their work employment. It is possible that the wages of workers with non-standard employment contracts could be lower than those with standard employment contracts. Using the data stu died (in 2009-2010), the author shows the dynamics of employment and wages growth as a result of using nonstandard employment contracts by Russian enterprises.
case comment on disputes concerning the recognition of agreements concluded with the employees when taking them to work as labour
The authors, investigating the Institute dismissal of an employee to reduce the number or state employee, as well as judicial and law enforcement practices have come to the conclusion that an ambiguous interpretation and application of Part 3. 81 of the Labor Code of the Russian Federation leads, in some cases, impossible to protect the legitimate interests of the employer and offer making these changes into the Resolution of the Plenum of the Supreme Court on March 17, 2004 № 2.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/