Shishulina T.P. —
Problems of legal regulation and organization of rotational work in the northern regions
// Legal Studies. – 2024. – ¹ 8.
– P. 94 - 109.
DOI: 10.25136/2409-7136.2024.8.71105
URL: https://en.e-notabene.ru/lr/article_71105.html
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Abstract: The object of the study is labor relations developing in the northern regions. The subject of the study is regulatory legal acts devoted to the legal regulation of labor of persons working and living in the northern regions, special legal literature devoted to the consideration of this issue. Particular attention is paid to the study of the regulation of labor relations under the rotation method of work. Today there is a need for an in-depth analysis of the impact of this method on social relations, the health of workers and their social adaptation, as well as legal regulation of issues of wages and working conditions. Based on the analysis, conclusions are drawn that the provision of human resources in the context of the development of the northern regions is an essential component of strategic planning that requires special attention, given the negative migration trends manifested by the outflow of population from these regions. The research methodology is based on the fact that the shift method, or rather the interest in it, expands beyond the technical and economic aspect, also covering the social, psychological and legal aspects of its application.
As a result of the study, the following conclusions were formulated: it is important to pay attention to research and analysis aimed at identifying the main challenges and problems in the field of labor regulation in the north; establish a federal body that will deal with the registration and classification of rotation workers and Arctic base cities; provide housing and relocation support for all employees and create conditions to meet the leisure and sports needs of shift workers, ensuring comfortable living through the improvement of the urban environment. It is important to involve corporate structures in cooperation with municipalities to implement infrastructure development projects.
Shishulina T.P. —
Judicial protection of workers' labor rights: problems of implementation
// Legal Studies. – 2023. – ¹ 9.
– P. 108 - 126.
DOI: 10.25136/2409-7136.2023.9.40955
URL: https://en.e-notabene.ru/lr/article_40955.html
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Abstract: The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees.
The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights.
The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are:
1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator.
2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer.
3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer.
4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.