Ostapenko A.V. —
Abuse of employment rights by pregnant women as a factor affecting the safety of economic activity
// Law and Politics. – 2021. – ¹ 1.
– P. 34 - 48.
DOI: 10.7256/2454-0706.2021.1.33507
URL: https://en.e-notabene.ru/lpmag/article_33507.html
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Abstract: This article discusses such legal phenomenon as the abuse of employment rights in relation to maternity leave. The article analyzes the employment legislation, reveals the gaps in legal regulation of the issues of abuse of their right by pregnant employees. The author examines the most common practical instances of abuse of their right by pregnant employees: intentional withholding of information on pregnancy at the time of conclusion of an employment contract or termination of an employment contract for mercenary purposes, refusal of transferring to a position that excludes the hazardous activities and refusal take on such position after being released from the main activity. The author underlines the inequality of positions of the employee and the employer with regards to protection from abuse of the employment contract by the opposite party. It is established that the options of the employer to protect their interests are limited, while a pregnant woman is in a more favorable legal position. The scientific novelty of this research consists in comprehensive analysis of the gaps and contradictions in legislation, as well as the decisions of the Plenum of the Supreme Court of the Russian Federation in the sphere of regulation of inequitable conduct of pregnant employees. The author offers the mechanisms for countering the abuse of rights by pregnant employees, which are based on inclusion of the norms aimed at protection of the rights and interests of the employer into the local normative acts. The author also develops a range of proposals on the improvement of legislation for the purpose of restoring the balance between the rights and interests of the parties to the employment contract.
Ostapenko A.V. —
Concealment of information as a form of abuse of post by an employee
// Law and Politics. – 2020. – ¹ 12.
– P. 50 - 56.
DOI: 10.7256/2454-0706.2020.12.32404
URL: https://en.e-notabene.ru/lpmag/article_32404.html
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Abstract: The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.
Ostapenko A.V., Feizieva A.I. —
// Administrative and municipal law. – 2014. – ¹ 11.
– P. 1195 - 1198.
DOI: 10.7256/2454-0595.2014.11.13445
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