Альтернативные правовые конструкции реализации работодательской власти: оплата и дисциплина труда

Abstract

The employer, exercising his power, resorts to choosing one or another legal structure provided for by labor legislation. Often, such a choice is due to the economic “benefit” through the prism of alternative costs, rather than the correspondence of the use of legal structures to their intended purpose. This is possible in conditions of formal non-contradiction of the employer's actions to the letter of the law, which, however, leads to a deterioration of the employee's position. In the modern period, a targeted interpretation of the possibility of using a particular legal structure within the framework of their so-called “competition” is being developed in law enforcement practice. This article will address the issues of the inadmissibility of “shifting” the burden of bearing entrepreneurial risk to employees and “substituting” disciplinary liability for non-payment of the premium part of the employee's salary.