Ostapenko A. V., Feizieva A. I. Pressing Questions of Public Administration of Precarious Work in the Russian Federation

Abstract: This article considers the provisions of Federal Law No. 116-FZ dated 05.05.2014 ‘On Making Changes to Certain Laws and Regulations of the Russian Federation’ which make changes to a number of laws and regulation, including the Labor Code of the Russian Federation, and establish the procedure for use of precarious work. Representatives of trade unions, employers and lawmakers have been working towards the adoption of this law since 2010. With effect from 01.01.2016, i.e. from the time when the law becomes effective, precarious work will be prohibited in Russia as a method for the employer to avoid the obligations arising under the Labor Code and the employment contract made between such employer and the employee. The reason for prohibiting precarious work is abuse: “gray” schemes for avoiding payment of taxes, insurance contributions, reduction of employees’ salaries, leaving them without social guarantees. At the same time, it is allowed to use precarious work when employees are assigned to provide personal services and assistance with the household work of physical persons, for temporary performance of the duties of absent employees, for carrying out the work related to knowingly temporary expansion of production or growth in the scope of services. This list is applicable to a certain category of persons: full-time students, single parents and parents with many underage children, persons which have been released from detention facilities. When writing this work, the author used the universal research method, in particular, the principle of objectivity and comprehensiveness of research, such general scientific methods as observation, analyses, and specific scientific methods which include logical legal and comparative legal methods. the scientific novelty of the article lies in the comprehensive analysis of the new additions to the laws and regulations related to precarious work conducted by the author. The author also attempted forecasting of the effects of the legal regulation of precarious work at today’s stage of the development of employment law, including those related to the economic relations and the relation on employment market.

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