Особенности правового регулирования труда л иц, работающих по совместительству: теория и практика

Abstract

The article discusses some features of the legal regulation of dual job holder. Special attention is paid to the additional cause for dismissal (art. 288 of the Labor Code). The analysis of judicial practice in disputes on the application of the specified grounds was carried out, the most controversial positions of the courts were indicated. According to the established law enforcement practice, when terminating an employment relationship with an employer in primary work, changing the terms of an employment contract for part-time work without the consent of the employer is not allowed. Employers often do not agree to such changes, as they are interested in additional grounds for dismissal. For the same reason, contracts may be concluded for dual job holders who do not have the main job. This practice is based on the erroneous theoretical conclusion that the grounds determining the differentiation of labour law in the regulation of the work of dual job holder are objective. It is concluded that the features of the legal regulation of combining jobs are not related to the peculiarities of the work, and with the characteristics of the employee (the presence of his other work under the employment contract). Therefore, loss of the main work deprives the worker of the status of the combining jobs that, in turn, deprives the parties of opportunity to apply special regulations of Chapter 44 of the Labor Code.