Rakitina E.V. —
Employment relations with this employer: some disadvantages of legal regulation
// Legal Studies. – 2024. – ¹ 8.
– P. 67 - 81.
DOI: 10.25136/2409-7136.2024.8.71242
URL: https://en.e-notabene.ru/lr/article_71242.html
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Abstract: The subject of this study is some shortcomings of the legal regulation of employment relations. An employment relationship with a given employer is understood as a relationship mediated by the employment service, as well as direct interaction between a candidate and an employer on employment issues. The article discusses the general aspects of the regulation of selection procedures by the employer, the use of psychophysiological research in the selection of candidates, as well as the existing practice of job offers. Consideration of these issues is relevant due to the lack of labor law regulation of the relevant relations. The purpose of the study is to formulate specific proposals for amendments to labor legislation in order to regulate polygraph testing and the practice of making job offers. When writing the article, the formal logical method was used, as well as methods of systematic and literal interpretation of legal norms. The result of the conducted research are proposals for regulating polygraph testing in employment (verification is carried out at the expense of the employer; with the written consent of the candidate for work; the range of questions asked and the research methodology are subordinated to the purpose of checking the business qualities of a potential employee; the conclusion based on the results of the study cannot be an independent basis for refusal to apply for a job). Proposals on the legal regulation of the job offer are also formulated, concerning its form, content, and options for interaction between the candidate and the employer in various situations. If the terms of the job offer and the terms of the concluded employment contract do not match, priority should be given to those conditions that are more favorable for the employee. In case of non-conclusion of an employment contract, it is proposed to assign the obligation to reimburse expenses incurred by the bona fide party to the employment relationship to the other party.
Rakitina E.V. —
Comparative research on some peculiarities of labor regulation of outsourced employees in Russia and China
// Law and Politics. – 2020. – ¹ 3.
– P. 56 - 68.
DOI: 10.7256/2454-0706.2020.3.43324
URL: https://en.e-notabene.ru/lamag/article_43324.html
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Abstract: The subject of this research is the peculiarities of legal regulation of labor outsourcing as an atypical form of employment. Compared to traditional labor relations, labor outsourcing is characterized by multi-agency, which explains the peculiarities of its regulation. The article compares some of the specificities of legal regulation of the labor of outsourced employees within Russia’s and China’s labor law: peculiarities of emergence of relations on labor outsourcing, delineation of employer authority between the sending and receiving parties, social-partnership relations, legal position of outsourced employees, and labor legal responsibility regarding relations on outsourced labor as type of employment. The results of the conducted research yield a conclusion on the similarities and differences in legal regulation of labor of outsourced employees within Russian and Chinese labor laws. The similarities can be found in the structure of relations on outsourced labor, specificity of emergence of relations on outsourced labor based upon dual agreements – employment contract and staffing contract. There are also some similarities and differences in regulation of delineation of employer authority between the sending and receiving sides; in establishment of the legal position of outsourced employees, namely with regards to payment of wages; in resolution of the question of participation of an outsources employee in the relations on social partnership; in regulation of labor law liability of the sides of outsourced labor relations.