Nogailieva F.K. —
Equality of the Different: Protection of Employee's Religious Beliefs in the USA
// Legal Studies. – 2019. – ¹ 3.
– P. 39 - 45.
DOI: 10.25136/2409-7136.2019.3.29247
URL: https://en.e-notabene.ru/lr/article_29247.html
Read the article
Abstract: The article is devoted to creation of an individual working setting that would take into account peculiarities of employee's religious beliefs (the need to prey, wear religious clothes and symbols, etc.). Problems that may arise in the process of applying religious norms at the workplace become important for Russia, too, this is why Russian law experts start to analyze the experience of the foreign states on the matter. In this article the author analyzes the lawmaking and law enforcement experience in the USA legal system, the country that has the longest story of conflict resolutions with 'religious' employees. The research is based on analysis and interpretation of legal acts, conclusions of the Comittee for Providing Equal Opportunities for US Employees and experience of the US judicial authorities. The main conclusion of the article is that despite a US specific concept of reasonable accomodation of working conditions to special needs of employees (including religious needs), this idea proves to be inefficient. According to the concept, an employer must change working conditions when these changes do not incure unreasonable expenses. There are criteria for such unreasonable expenses in relation to disabled employees and employees with families, however, there are no such criteria for religious employees. This makes it difficult for employees to protect their religious needs.
Nogailieva F.K. —
Religious norms as the regulator of labor relations
// Law and Politics. – 2018. – ¹ 8.
– P. 68 - 80.
DOI: 10.7256/2454-0706.2018.8.27008
URL: https://en.e-notabene.ru/lpmag/article_27008.html
Read the article
Abstract: The subject of this research is the differentiation and determination of the content of the norms of various religious doctrines pertaining to labor. The object of this research is the effect of religious norms upon the legal behavior and motivation of a worker in the labor process and their labor relations, as well as the understanding of the phenomenon of labor in various religious systems. The author substantiates the relevance of this research due to increase of religiousness among the population and changes in the paradigm of attitude towards labor itself, as well as the need to devise a special approach towards management and legal regulation of labor of religious workers. The research is based on the methods of analysis, systematization and comparison of the norms of the three Abrahamic religions (Judaism, Christianity and Islam) contained in the translations of the holy texts, their interpretations, other religious sources, and comments of theologians and economists. The main conclusion of the research became the highlighting of three types of religious norms: the norms of intermediate regulation of labor; the norms of direct regulation of labor; the norms maxima. Special attention is given to the first type of norms, comprising the basis of requirements of the worker concerning changes in work terms in order to combine work and adherence to religious precepts.